Ram Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 62082 of 2022 Arising Out of PS. Case No.-330 Year-2022 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== RAM KUMAR THAKUR SON OF SUKESHWAR THAKUR R/O VILLAGE- PREMNAGAR, P.S.- RUNNISAIDPUR, DISTRICTSITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Santosh Kumar, Advocate For the Opposite Party/s :

Mr Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 06-01-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar through Virtual Mode.

The petitioner seeks bail in Runnisaidpur Police Station (for brevity, PS) Case No 330 of 2022 registered for the offence punishable under Sections 30 (a), 38, 41 (i) of Bihar Prohibition and Excise Act.

112.5 liters of illicit liquor has been recovered from the vehicle. Petitioner is stated to be the Driver. Learned counsel submits that petitioner is innocent and it is a case of false implication. There is no recovery from the petitioner's conscious possession. On account of his antecedents in three cases, lodged earlier, in which he is on bail, he has been made accused. He is in custody in this case since

Patna High Court CR. MISC. No.62082 of 2022(2) dt.06-01-2023 2/2 29.06.2022.

Learned APP has opposed the prayer for bail.

Having considered the rival submissions, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail is allowed. Let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Exclusive Special Excise Court I, Sitamarhi in Runnisaidpur PS Case No 330 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 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) M.E.H./- U T