Patna High CourtCR. MISC./57604/2024bail granted

Mukhlal Ram v. The State Of Bihar

2024-09-02Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57604 of 2024 Arising Out of PS. Case No.-199 Year-2024 Thana- Excise P.S. District- Rohtas ====================================================== Mukhlal Ram S/o- Late Ram Barat Ram Village- Pahleja PS- Dehri Muffasil District- Rohtas ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 58490 of 2024 Arising Out of PS. Case No.-199 Year-2024 Thana- Excise P.S. District- Rohtas ====================================================== GUDDU RAM S/O KRISHNA RAM R/O VILLAGE- PAHLEJA, P.SDEHRI(M), DISTT.- ROHTAS. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 57604 of 2024) For the Petitioner/s :

Mr.Ashwani Kumar Tiwary For the Opposite Party/s :

Mr.Sucheta Yadav (In CRIMINAL MISCELLANEOUS No. 58490 of 2024) For the Petitioner/s :

Mr.Ashwani Kumar Tiwary For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-09-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under section 30(a) Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of 23 litres

Patna High Court CR. MISC. No.57604 of 2024(3) dt.02-09-2024 2/3 country made liquor from joint possession of the petitioners and they were arrested on spot.

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case at the instigation of the persons having inimical term with the petitioner. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. Petitioners are languishing in judicial custody since 23.5.2024.

5. The application for bail is opposed by learned APP for the State and submitted that petitioner Mukhlal Ram is having three criminal antecedent of like nature and petitioner Guddu Ram is having one criminal antecedent of like nature.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Court No. 1, Rohtas at Sasaram in connection with Sasaram Excise P.S. Case No. 199 of 2024, subject to the condition that petitioners shall cooperate in the disposal of trial and be available as and when required by the

Patna High Court CR. MISC. No.57604 of 2024(3) dt.02-09-2024 3/3 court.

So far as petitioner Mukhlal Ram is concerned, as he is having three criminal antecedents of like nature, his bail bonds shall be accepted by the court below after a period of two months from today.

(Nawneet Kumar Pandey, J) sushma/- U