Ramu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2697 of 2021 Arising Out of PS. Case No.-183 Year-2020 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== RAMU KUMAR S/o Late Ram Sakal Bind @ Ram Sakal Prasad R/o villageShahpur, P.S.- Bhagwanpur, District- Kaimur at Bhabhua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

Ms. Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-06-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through Video Conferencing.

The petitioner seeks regular bail in connection with Bhagwanpur Police Station Case No. 183 of 2020, registered for the offence punishable under Sections 284/414/420/467/468 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation, as per the First Information Report, is that the police raided the house of the petitioner and recovered 45 litres of illicit liquor, 50 litres of spirit and 250 gm of chemical. The police also recovered 14.4 litres of illicit liquor from a Maruti car and 1.44 litres of illicit liquor from a

Patna High Court CR. MISC. No.2697 of 2021(4) dt.21-06-2021 2/3 motorcycle, standing near the house of the petitioner. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case with oblique motive. He next submits that the house from where illicit liquor and spirit has been recovered is a joint family property in which other family members also reside. He further submits that illicit liquor has been recovered from a Maruti car and one motorcycle and not from the conscious possession of the petitioner. He further submits that the alleged Maruti car and the motorcycle are not registered in the name of the petitioner. He next submits that the petitioner is in custody since 23.09.2020 and charge sheet has been submitted against the petitioner, as such, there is no likelihood of the petitioner being abscond or tamper with the evidence.

Having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the petitioner is in custody since 23.09.2020 and charge sheet has been submitted against him, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail,

Patna High Court CR. MISC. No.2697 of 2021(4) dt.21-06-2021 3/3 upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned 5th Additional Sessions Judge -cumSpecial Judge, Kaimur, at Bhabhua, in connection with Bhagwanpur Police Station Case No. 183 of 2020, subject to the condition that the petitioner will not indulge himself in any case of similar nature in future.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √