Mahesh Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4871 of 2021 Arising Out of PS. Case No.-218 Year-2020 Thana- KHAJAULI District- Madhubani ====================================================== MAHESH RAM SON OF RAMASHIS RAM @ RAM ASHIS DAS R/O VILLAGE-MAINA TOLE, P.S.- KHAJAULI, DISTRICT-MADHUBANI. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gagandeo Yadav, Mr. Ravi Prakash, Advocates.
For the Opposite Party/s :
Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-03-2021 Heard Mr. Gagandeo Yadav, learned counsel for the petitioner and Mr. Nawal Kishore Prasad, Additional Public Prosecutor for the State through video conferencing. Petitioner seeks regular bail in connection with Khajauli PS Case No. 218/2020 registered for the offence punishable under Sections 272, 273 of the IPC and Section 30(a) of Bihar Prohibition & Excise Act, 2018. The allegation, as per First Information Report, is that the police on the basis of secret information, that near the house of Mahesh Ram, illicit liquor was being unloaded, proceeded towards the place of occurrence and upon seeing the police party one person tried to flee away but was apprehended who disclosed his name as Mahesh Ram i.e., petitioner and the police
Patna High Court CR. MISC. No.4871 of 2021(2) dt.26-03-2021 2/3 recovered 252 litres of Nepali liquor from the Dalan (lounge) of one Dinesh Ram.
Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has got no criminal antecedents. Learned counsel further submits that no illicit liquor has been recovered from the conscious possession of the petitioner or from the premises belonging to him. Learned counsel next submits that chargesheet in the matter has already been submitted and petitioner is in custody since 24.10.2020.
Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner in custody since 24.10.2020 having no criminal antecedents and the charge-sheet has already been submitted in the matter, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, MAHESH RAM be released 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 Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Madhubani in connection with Khajauli PS Case No. 218/2020.
It is made clear that at the time of furnishing bail
Patna High Court CR. MISC. No.4871 of 2021(2) dt.26-03-2021 3/3 bonds, all the parties shall follow the guidelines of social distancing.
(Anil Kumar Sinha, J) perwez U T