Lal Mohan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55738 of 2022 Arising Out of PS. Case No.-230 Year-2022 Thana- AMNAUR District- Saran ====================================================== Lal Mohan Ram Son of Ganesh Ram R/o- Amnour Harnarayan, P.S- Amnour, Dist- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shatrughan Pandey, Advocate For the Opposite Party/s :

Mr. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 23-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), if any, as pointed out by the office be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Amnour P.S. Case No. 230 of 2022 registered for the alleged offences under Sections 30, 30(a) and 37 of Bihar Prohibition and Excise (Amendment) Act, 2018. As per prosecution case, from the room of the petitioner 160 liters of country made liquor was recovered and the petitioner was apprehended and he was found in inebriated condition.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.55738 of 2022(2) dt.23-11-2022 2/3 case. No recovery of any country made liquor has been made from the house of the petitioner but the recovery has been made form his joint property. The police involved the petitioner in this case on the basis of criminal antecedent of the petitioner, otherwise nothing incriminating has been recovered from the conscious possession of this petitioner. The petitioner is in custody since 06.08.2022 and charge-sheet has been submitted in this case.

Learned APP opposes the prayer for bail submitting that the petitioner is having criminal antecedent of similar nature.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the submission of charge-sheet and the period of custody of the petitioner, he is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II-cum-Exclusive Special Judge, Excise Act, Saran (Chapra) in connection with Amnour P.S. Case No. 230 of 2022, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions: (i) One of the bailors will be a close relative of

Patna High Court CR. MISC. No.55738 of 2022(2) dt.23-11-2022 3/3 the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T