Ramashankar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36624 of 2020 Arising Out of PS. Case No.-309 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== 1.

RAMASHANKAR Son of Late Rudal Mahto Resident of Village - Katahari, P.S.- Riga, District - Sitamarhi 2.

Saroj Mansuri Son of Late Saiyad Mansuri Resident of Village - Chatauna Banni, P.S.- Piprahi, District - Sheohar ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-01-2021 Heard the learned counsel for the petitioners and the learned APP for the State, Sri Nagendra Prasad.

The petitioners seek regular bail in connection with Complaint Case no. C2-309 of 2020, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 72 liters of illicit liquor from the petitioners. The learned counsel for the petitioners has

Patna High Court CR. MISC. No.36624 of 2020(2) dt.30-01-2021 2/3 submitted that the petitioners are innocent, they have been falsely implicated in the present case, they are having clean antecedent and they are languishing in custody since 23.08.2020.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners and taking into account the materials available on record as also considering the period of incarceration of the petitioners herein and the fact that they are having clean antecedent, I deem it fit and proper to direct for release of the petitioners on regular bail.

Accordingly, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II-cum-Special Judge, Excise Act, Sitamarhi in connection with Complaint

Patna High Court CR. MISC. No.36624 of 2020(2) dt.30-01-2021 3/3 Case No. C2-309 of 2020.

(Mohit Kumar Shah, J) Ajay/- U T