Patna High CourtCR. MISC./57222/2024bail granted

Surendra Ram v. The State Of Bihar

2024-08-09Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57222 of 2024 Arising Out of PS. Case No.-516 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== Surendra Ram S/O Late Jaikishun Ram R/O Village- Jailmurarpur, P.SHarsidhi, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Rashmi Jha, Adv.

For the Opposite Party/s :

Mr.Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Harsidhi P.S. Case No. 516 of 2023 instituted for the offences under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

3. As per prosecution case, the police has recovered total 100 liters liquor from five plastic sack from the field.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been

Patna High Court CR. MISC. No.57222 of 2024(2) dt.09-08-2024 2/3 recovered from the conscious/constructive possession of the petitioner. There is also no specific allegation against the petitioner rather the same is general and omnibus in nature. The petitioner has no concern with the seized liquor. The name of the petitioner has surfaced in this case on the basis of the disclosures made by the local Chaukidar. There is noncompliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner has one criminal antecedent and is languishing in judicial custody since 21.06.2024 without any rhymes or reason.

5. Learned counsel for the petitioner again submits that the co-accused namely Sukai Ram @ Sukhdev Ram has been granted bail by this Court vide order dated 25.06.2024 passed in Cr. Misc. No. 43864 of 2024.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.57222 of 2024(2) dt.09-08-2024 3/3 below/concerned Court in connection with Harsidhi P.S. Case No. 516 of 2023.

(Rudra Prakash Mishra, J) rishi/- U T