Rash Bihari Ram @ Rasavihari Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68279 of 2018 Arising Out of PS. Case No.-59 Year-2013 Thana- KORMA DistrictSheikhpura ====================================================== Rash Bihari Ram @ Rasavihari Ram, Son of Late Rakhan Ram, Resident of Village- Murarpur, Police Station- Korma, District- Sheikhpura. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Manish Kumar No-2, Advocate.

For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 07-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 47(a) of the Bihar Excise Act registered in connection with Excise Case No. 359 of 2017 arising out of Korma P.S. Case No. 59 of 2013.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of 20 litres of country made wine along with three plastic bottles filled with five litres wine near the hut of the petitioner. Admittedly, the recovery was made from the open field and not from the conscious possession or house of the petitioner. The petitioner has been falsely implicated merely on the confessional statement of co-accused Suresh Dadhi and except which there is no other material to connect the petitioner with the alleged occurrence.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six

Patna High Court Cr.Misc. No.68279 of 2018(3) dt.07-01-2019 2/2 weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned 1st Additional District & Sessions Judge, Sheikhpura in connection with Excise Case No. 359 of 2017 arising out of Korma P.S. Case No. 59 of 2013, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar/-BT U T