Rama Rai @ Ramaram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60381 of 2022 Arising Out of PS. Case No.-555 Year-2022 Thana- KOILWAR District- Bhojpur ====================================================== Rama Rai @ Ramaram Son of Pema Ram @ Pema Ram Saran Resident of Village- Bhutiya, P.S.- Nagna, District- Barmer(Rajasthan) ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Arvind Kumar, Advocate For the State :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. The petitioner seeks bail in connection with Koilwar (Gidha O.P.) P.S. Case No.555 of 2022 registered for the offence under Sections 420, 467, 468, 471 and 120(B) of Indian Penal Code and Sections 30(a), 32, 36 and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 30.08.2022.

The allegation against the petitioner is to be in

Patna High Court CR. MISC. No.60381 of 2022(2) dt.24-11-2022 2/3 possession of illicit liquor, where, there was recovery of 3969 litres of illicit IMFL/country made liquor.

Learned counsel appearing on behalf of the petitioner submitted that petitioner was the driver of alleged vehicle from where, illicit liquor was recovered, where nothing surfaced during the course of investigation which may suggest that petitioner was under knowledge of having possession of consignment of illicit liquor. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, opposes the prayer for bail.

In view of the facts and circumstances as mentioned above, as the recovery of illicit liquor not appears to be made from conscious physical possession of the petitioner, coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Koilwar (Gidha O.P.) P.S. Case No.555 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.60381 of 2022(2) dt.24-11-2022 3/3 learned Exclusive Special Judge-II, Excise, Bhojpur, Ara/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) S.Tripathi/- U T