Ram Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.20138 of 2017 (2) dt.11-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20138 of 2017 Arising Out of PS.Case No. -43 Year- 2017 Thana -DHAMDAHA District- PURNIA ====================================================== Ram Kumar, Son of Birendra Jha, R/o Village- Dhamdaha North, P.S.- Dhamdaha, District- Purnea.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Bidhu Ranjan For the Opposite Party/s : Mr. Sri Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-05-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Dhamdaha P.S. Case No. 43 of 2017, registered under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Excise (Amendment) Act, 2016.

The accusation is of recovery of 24 bottles each containing 750 ml Indian made foreign liquor from the cattle shade of the petitioner.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case mere on suspicion as the cattle shade, from which, the alleged illicit liquor was recovered, having no gate and any person can easily enter in

Patna High Court Cr.Misc. No.20138 of 2017 (2) dt.11-05-2017 the cattle shade. It is further submitted that petitioner has no criminal antecedent and is in custody since 09.03.2017. Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-Cum-Special Judge (Excise), Purnea, in connection with Dhamdaha P.S. Case No. 43 of 2017. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T