Pramod Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14386 of 2018 Arising Out of PS.Case No. -550 Year- 2017 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Pramod Ram S/o Sujaval Ram, R/o Village- Chanri, P.S.- Ghorashan (Jitna), District- East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Anis Akhtar For the Opposite Party/s : Mr. Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 14-03-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in connection with Ghorasahan (Jitna) P.S. Case No. 550/2017 for offences punishable under Section 30(A) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, as lodged by the SSB officials, is that three persons were found crossing Indo-Nepal Border with two jute bags each. On seeing the officials two of them managed to escape throwing the jute bags but the petitioner was apprehended with 65.400 litres of Nepali wine. On search of the jute bags of the other two total 195 litres of Nepali wine was recovered. Accordingly, a seizure list was prepared.
Patna High Court Cr.Misc. No.14386 of 2018 (2) dt.14-03-2018 2/3 It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. He submits that two of the co-accused have since been granted privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 11214 of 2018 vide order dated 27.02.2018 and petitioner is ready to cooperate with the investigation, provide all necessary information and undertakes not to tamper with the evidence or prosecution witnesses. He further submits that he has been sufficiently punished as he is languishing in judicial custody since 02.11.2017.
However, learned APP for the State opposes the prayer for bail stating therein that the petitioner is named in the First Information Report and apprehended by the SSB officials. Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Motihari, East Champaran, in connection with Ghorasahan (Jitna) P.S. Case No. 550/2017, subject to the condition that one of the bailors would be a close relative of the
Patna High Court Cr.Misc. No.14386 of 2018 (2) dt.14-03-2018 3/3 petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (Nilu Agrawal, J) Rajesh/- U T