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Patna High CourtCR. MISC./65136/2018allowed

Munna Ram @ Munna Kumar Ram v. The State Of Bihar

2019-02-01Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65136 of 2018 Arising Out of PS. Case No.-182 Year-2018 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== Munna Ram @ Munna Kumar Ram Son of Chhote Lal Ram Resident of Village- Madhopur, P.S.G.B. Nagar, District- Siwan. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr. Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-02-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with G.B. Nagar P.S. Case no. 182 of 2018, registered under Sections 272, 273 and 308 of the Indian Penal Code and Section 30(a), 36 and 38(1) of the Bihar Prohibition and Excise Act.

The accusation is that in course of patrolling duty, one person was seen near the motorcycle, when the Police reached there that person succeeded to flee away. On search, a plastic bag was found hanging in the handle of the said motorcycle in which a container of two liter country made liquor was recovered. The nearby persons disclosed the name of petitioner, who succeeded to flee away.

Patna High Court Cr.Misc. No.65136 of 2018(3) dt.01-02-2019 2/2 Learned counsel for the petitioner submits that, in fact, petitioner has been made accused in two similar cases, as detailed in paragraph No.3 of the petition, due to that reason, petitioner has been made accused in the present case mere on suspicion. He further submits that the motorcycle, which is said to be parked at the place of occurrence is not belonging to the petitioner.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the 2nd Addl. Sessions Judgecum-Special Judge, Excise Siwan in connection with G.B. P.S. Case No. 182 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T