Rambabu Yadav @ Ram Babu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63057 of 2024 Arising Out of PS. Case No.-140 Year-2024 Thana- BARGAINIA District- Sitamarhi ====================================================== Rambabu Yadav @ Ram Babu Son of Chulhai Ray Resident of Village - Masaha Alam, Ward No.- 03, P.S.- Bairgania, District - Sitamarhi 843313. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subodh Kumar, Advocate For the Opposite Party/s :
Mr. Parmanand Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-08-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the offences punishable under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that petitioner has antecedent of six cases.
4. Allegation is of recovery of 264.9 litres of liquor from two motorcycles.
5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot nor is the owner of any of the seized vehicles. It is further submitted that during course of investigation, petitioner came to be implicated at the instance of the Chawkidar. It is next submitted that police in majority of the cases implicate either at the instance of the Chawkidar, local
Patna High Court CR. MISC. No.63057 of 2024(2) dt.31-08-2024 2/2 person, confessional statement or secret information in a mechanical manner without holding proper investigation of the case. It is also submitted that petitioner is in custody since 01.07.2024. It is further submitted that once an accused is implicated in a case relating to excise the police start implicating mechanically.
6. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.
7. Considering the submissions made by the learned counsel appearing on behalf of the petitioner, 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 learned Court below where the case is pending in connection with Bairagania P.S. Case No. 140 of 2024.
(Satyavrat Verma, J) Kundan/- U T