Munna Ram And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25370 of 2017 Arising Out of PS.Case No. -19 Year- 2017 Thana -AADAPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Munna Ram, Son of Shambhu Ram, Resident of Henri Bazar, P.S.- Town, District- East Champaran.

2. Rohit Kumar, Son of Dashrath Raut, Resident of Banjariya Shahu Tola, P.S.- Banjariya, District- East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Krishna Kant Singh For the Opposite Party/s : Mr. Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-06-2017 Heard Shri Krishna Kant Singh, learned advocate for the petitioners and learned APP for the State. The petitioners are seeking regular bail in connection with Adapur P.S. Case No. 19 of 2017 registered for the offence alleged under sections 414, 272, 273/34 IPC read with section 30(a) of the Bihar Prohibition & Excise Act, 2016. According to the prosecution story as discussed in the FIR, the petitioners were arrested while searching the vehicle in which they were traveling. It is alleged that in the Maruti Suzuki car in which the petitioners were seated, the seized materials were recovered. The seizure list as contained in Annexure-2 would

Patna High Court Cr.Misc. No.25370 of 2017 (2) dt.06-06-2017 show that two cartoons containing Nepali Saifee liquor and three cartoons in plastic bag containing the same were recovered. The learned counsel for the petitioners would submit that in the present case investigation is over as the petitioners are in custody since 9.2.2017 and no custodial interrogation is required at this stage. He would also submit that the petitioners have no criminal history.

The learned APP opposed the prayer for bail and pointed out the seizure list.

Considering the nature of allegations and the fact that the petitioners are in custody since 09.2.2017 and no custodial interrogation is required at this stage as also this Court feels that further detention would only be in the nature of punishment, I am inclined to grant bail to the petitioners, namely, (1) Munna Ram; and (2) Rohit Kumar on furnishing bail bond of Rs. 25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of SDJM, Raxaul in connection with Adapur P.S. Case No. 19 of 2017.

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