Harendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42342 of 2018 ====================================================== Harendra Ram, S/o Late Genaur Ram, Resident of Village - Tikuliya Haraj, P.S.-Muffasil, District-East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar No.III For the Opposite Party/s : Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

22.500 litres of Nepali saufi wine is said to have been recovered from the house of the petitioner on indication of co-accused Kedar Ram and the petitioner was apprehended. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern with the seized liquor. He has been falsely implicated in the case at the instance of his enemies. The house of the petitioner is

Patna High Court Cr.Misc. No.42342 of 2018 (2) dt.13-07-2018 2/2 inhabited by several family members and he had no knowledge of keeping of the said liquor in the house. Though two more criminal cases have been lodged against the petitioner, but he is on bail in the aforesaid cases. He has been languishing in custody since 21.05.2018. Said Kedar Ram has been enlarged on bail by a coordinate bench of this court vide order dated 03.07.2018 passed in Cr. Misc. No. 38874 of 2018.

Considering the facts aforesaid, the above named petitioner is directed to 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 the learned Addl. Sessions Judge-VII cum Special Judge, Excise, East Champaran, Motihari in connection with Chhatauni P.S. Case No. 129 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T