Ram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44448 of 2022 Arising Out of PS. Case No.-134 Year-2022 Thana- RAJAON District- Banka ====================================================== Ram Kumar S/o Lalo Ray R/o village- Shitalpati, P.S.- Sarairanjan, DistrictSamastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhay Shankar Singh, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Rajoun P.S. Case No. 134 of 2022 registered for the offence under Sections 272, 273, 120(B), 467, 468, 470 and 471 of the Indian Penal Code and Sections 30(a), 32(2), 36 and 41(i) of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 10.06.2022.

The allegation against the petitioner is to involve in

Patna High Court CR. MISC. No.44448 of 2022(2) dt.07-09-2022 2/3 illegal trading of illicit liquor, where a total of 2443.5 liters of illcit liquor was recovered.

Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner surfaced on the basis of disclosure made by driver of the truck from where the alleged recovery of illicit liquor was made. It is submitted that the allegation against the petitioner is limited only to the extent that on earlier occasion, the petitioner had received supply of illicit liquor from the the said driver. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, it is categorically submitted that investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State opposes the prayer of bail.

In view of the facts and circumstances, as mentioned above, as recovery of illicit liquor cannot be said to be made from the conscious physical possession of the petitioner, who is a man of clean antecedent coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Rajoun P.S. Case No. 134 of 2022 on furnishing bail bond of Rs.10,000/-

Patna High Court CR. MISC. No.44448 of 2022(2) dt.07-09-2022 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-V, Banka/concerned court, subject to the conditions as laid down u/s 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) Ankit/- U T