Rambabu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60938 of 2022 Arising Out of PS. Case No.-248 Year-2022 Thana- SHEOHAR District- Sheohar ====================================================== Rambabu Ram, S/O Late Sitaram Ram, R/v- Parahi, P.S.- Sheohar, DistrictSheohar (wrongly written in the F.I.R.) and his correct address is R/V- Udayi Chhapra, Ward No.- 12, P.S.- Shyampur Bhatha, District- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar, Advocate For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-01-2023 Today being Friday, matters are being taken up through virtual mode as per current procedure for hearing. Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Sheohar P.S. Case No.248 of 2022 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

47.25 litres country made liquor has allegedly been recovered from the petitioner.

Counsel for the petitioner submits that since the petitioner has four antecedents, he has been implicated though he has no concern with the recovered article. He is on bail in

Patna High Court CR. MISC. No.60938 of 2022(2) dt.06-01-2023 2/3 earlier four cases and recovery is not in accordance with law. He is in custody since 15.08.2022.

Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, the period of custody as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed.

Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Act, Shohar, in connection with Sheohar P.S. Case No.248 of 2022, subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well

Patna High Court CR. MISC. No.60938 of 2022(2) dt.06-01-2023 3/3 represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) PNM U T