Arun Ram @ Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40748 of 2019 Arising Out of PS. Case No.-11 Year-2019 Thana- KORMA District- Sheikhpura ====================================================== ARUN RAM @ ARUN KUMAR Son of Late Ramashray Ram Resident of Village- Murarpur, Police Station- Korma, District- Sheikhpura. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-07-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Excise Case No. 87/2019, arising out of Korma P.S. Case No. 11/2019, instituted for offence under Section(s) 272 and 273/34 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Learned counsel for the petitioner has submitted that petitioner was not apprehended on the spot. In the seizure-list it is mentioned that aluminum utensils, small gas cylinder and 15 litres of Mahua liquor have been recovered from the sitting place of Vijay Ram.

From the written report and the seizure-list, it appears that petitioner was not apprehended on the spot. He has been

Patna High Court CR. MISC. No.40748 of 2019(2) dt.08-07-2019 2/2 named in the written report by co-accused.

It is mentioned in para 3 of bail petition that three other cases of Excise Act are pending against this petitioner. Petitioner is in custody since 28.05.2019.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Addl. District & Sessions Judge, Sheikhpura, in connection with Excise Case No. 87/2019, arising out of Korma P.S. Case No. 11/2019, subject to the conditions that both the bailors shall be the close relative of the petitioner.

The petitioner will file affidavit at the time of filing bail bond that he would not indulge in such type of activity in future. In the event, he is found indulged in such type of activity, his bail bond in the instant case will liable to be cancelled. (Sanjay Priya, J) rakhi/- U T