Neetish Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10035 of 2021 Arising Out of PS. Case No.-188 Year-2020 Thana- MOKAMAH District- Patna ====================================================== Neetish Ram Son of Pramod Ram @ Modi Ram Resident of Mor West, P.SMokama, Dist.-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Jiban Pd. Singh, Adv.

For the Opposite Party/s :

Mr. Yogendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-06-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Mokamah P.S. Case no. 188 of 2020 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, on secret information having been received, when the Mahindra vehicle in question was directed to stop for checking, the driver made an attempt to escape and met with an accident. It is stated that the driver Pintu Kumar was arrested and disclosed the name of the four persons who had managed to escape which included the petitioner herein. A total of 364.5 litres of country made liquor was

Patna High Court CR. MISC. No.10035 of 2021(2) dt.09-06-2021 2/2 recovered from the vehicle.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the person or possession of the petitioner. He was not arrested at the spot. The only material against him is the inadmissible statement of a co-accused made before police. He has no criminal antecedent and is in custody since 28.11.2020.

The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner not having any criminal antecedent and the period in custody, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Mokamah P.S. Case no. 188 of 2020 on furnishing bail bond of Rs. 10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna.

(Partha Sarthy, J) Bibhash U T