Patna High CourtCR. MISC./25610/2017bail granted

Ramnath Ram v. The State Of Bihar

2017-06-13Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25610 of 2017 Arising Out of PS.Case No. -25 Year- 2017 Thana -KHANPUR District- SAMASTIPUR ====================================================== Ramnath Ram S/o Rajendra Ram, resident of Village- Tedha, P.S. Khanpur, District- Samastipur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s : Mr. Sri Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

13-06-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is seeking Regular Bail in connection with Khanpur P.S. Case No. 25 of 2017 registered under Section 30(a) of the Bihar Excise Amendment Act, 2016.

Learned counsel for the petitioner submits that from the First Information Report itself it will appear that there is a recovery of 38 bottles of foreign made liquor of Royal Stag 180 ML each from the house of the petitioner. He submits that the petitioner is living in joint family house and there is no seizure from his possession or his residential house, as it will appear from the First Information Report itself that the house is said to be under construction. He

Patna High Court Cr.Misc. No.25610 of 2017 (2) dt.13-06-2017 further submits that the seizure is not in accordance with Section 100 Cr.P.C. and the petitioner is having clean antecedent as stated in paragraph-3 of the application. Petitioner is in custody since 06.03.2017.

Learned Additional Public Prosecutor opposed the prayer for bail of the petitioner.

Considering the allegation and submissions and also the fact that the petitioner is in custody for more than three months, let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Samastipur, in connection with Khanpur P.S. Case No. 25 of 2017.

(Rajeev Ranjan Prasad, J.) Rajeev/- U T