Md. Ramjan @ Ramzan Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 42601 of 2017 Arising Out of PS. Case No.-56 Year-2017 Thana- Jamhore District- Aurangabad ====================================================== Md. Ramjan @ Ramzan Alam Son of Sher Kadir Resident of Village - Kamta, Police Station - Ormanjhi, District -Ranchi (Jharkhand). ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sandip Singh For the Opposite Party/s :

Mr. Chandra Bhushan Prasad ========================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

15-09-2017 At the very outset, Sri Sandip Singh, learned counsel for the petitioner submits that in paragraph - 9 of the petition, some typographical error has occurred. He submits that instead of mentioning the period of custody since "07-06-2017", it has incorrectly been typed as "07-06-2013". He requests for allowing him to make correction.

The prayer is allowed. It may be done in course of the day.

Heard Sri Sandip Singh, learned counsel for the petitioner and Sri Chandra Bhushan Prasad, learned Addl. Public Prosecutor.

The sole petitioner, who is in custody since 07-06-2017 in Jamhore P.S. Case No. 56 of 2017 registered for offence

Patna High Court Cr.Misc. No.42601 of 2017(2) dt.15-09-2017 2/3 under Section 30(A) and 38(i)of Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail.

It was submitted by learned counsel for the petitioner that petitioner was also one of the occupant on a Alto car, on which besides petitioner, other three persons were also there. The said vehicle was intercepted and from the said vehicle, about 80 liters of country-made liquor was recovered and all the four persons were arrested, including the petitioner. Learned counsel for the petitioner submits that out of four accused persons, two have already been granted bail. Besides this, learned counsel for the petitioner has drawn my attention to statement made in paragraph - 3 of the petition to show that petitioner is having clean antecedent.

Considering the nature of accusation, clean antecedent, period of custody as well as the fact that at least two accused persons, almost in similar circumstances, have been extended the privilege of bail, there is no reason to deny the same privilege to the petitioner.

Accordingly, let the petitioner namely Md. Ramjan @ Ramzan Alam be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge VII

Patna High Court Cr.Misc. No.42601 of 2017(2) dt.15-09-2017 3/3 cum Special Judge, Aurangabad in connection with Jamhore P.S. Case No. 56 of 2017.

(Rakesh Kumar, J.) anay U T