Rajendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6599 of 2021 Arising Out of PS. Case No.-335 Year-2020 Thana- PATORI District- Samastipur ====================================================== 1.

Rajendra Ram Son of Ram Khelawan Ram Village- Dharampur Bande, P.SPatori, District- Samastipur 2.

Mahesh Ram Son of Rajendra Ram Village- Dharampur Bande, P.S- Patori, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suneil Kumar Thakur, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar-I, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-04-2021 Heard learned counsel for the petitioners and learned A.P.P for the State through video conferencing. At the outset it is submitted by learned counsel for the petitioners that as per instructions received he seeks permission to withdraw the application so far as the petitioner no.1 is concerned.

In view of the above, the application so far as petitioner no.1, Rajendra Ram is concerned stands dismissed as withdrawn.

The petitioner no.2 has filed the instant application for grant of regular bail in connection with Patori P.S. Case no.335 of 2020 registered under sections 272, 273 and 34 of the

Patna High Court CR. MISC. No.6599 of 2021(2) dt.05-04-2021 2/2 Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the F.I.R., 40 litres of illicit liquor was recovered from the house of the petitioner. It is submitted by learned counsel for the petitioner no.2 that no incriminating article has been recovered from his possession or house. He has been falsely implicated in the case, he is in custody since 23.9.2020 and has no criminal antecedent. The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner no.2 not having any criminal antecedent together with the period in custody, this Court is inclined to enlarge the petitioner no.2 on bail. The petitioner no.2 is directed to be enlarged on bail in connection with Patori P.S. Case no.335 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 2nd -cum-Special Judge (Excise), Samastipur. (Partha Sarthy, J) Bibhash/- U