Ramdev Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.8730 of 2021 Arising Out of PS. Case No.-230 Year-2020 Thana- LAKHNAUR District- Madhubani ====================================================== RAMDEV RAM SON OF LATE PALAT RAM VILLAGE- BELHI, P.S.- LAKHANOUR, DISTRICT- MADHUBANI ... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Gagan Dev Yadav,Advocate For the Opposite Party/s :
Mr.Dr.Kumar Uday Pratap,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 30-04-2021 Learned counsel for the petitioner undertakes to remove all the defects pointed out by the Stamp Reporter within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Dr. Kumar Uday Pratap, learned APP for the State. The petitioner in the present case is seeking regular bail in connection with Lakhanour P.S. Case No. 230 of 2020 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016.
Learned counsel for the petitioner submits that the allegation against the petitioner is of storing 75 liters of Nepali liquor in his house and when the informant with other police personnel raided the house, he fled away.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.8730 of 2021(2) dt.30-04-2021 2/3 petitioner is innocent and has falsely been implicated in the present case. It is submitted that there is no independent witness to support the alleged seizure made from the house of the petitioner. The petitioner is in custody in connection with the present case since 28.11.2020 having no criminal antecedent. Learned APP for the State has opposed the prayer for regular bail of the petitioner.
Having regard to the facts and circumstances of the case wherein it is submitted that there is no independent witness to support the alleged seizure made from the house of the petitioner, the petitioner is in custody since 28.11.2020 and prior to the present case he had no criminal antecedent, investigation against him is complete and there being no submission on behalf of the State that his release at this stage is likely to result in tampering with the evidence or interfering with the course of trial, this Court directs release of the petitioner above named on bail on furnishing of bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-Cum-Special Judge, Excise Act, Madhubani, in connection with Lakhnaour P.S. Case No. 230 of 2020, subject to the conditions as laid down under Section 437(3) Cr.P.C. as under:
(a) that such person shall attend in accordance with the
Patna High Court CR. MISC. No.8730 of 2021(2) dt.30-04-2021 3/3 conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which is suspected, and (c) that such persons shall not directly or indirectly make and inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
The application stands allowed.
(Rajeev Ranjan Prasad, J) SUSHMA2/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'