Manoj Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61806 of 2019 Arising Out of PS. Case No.-143 Year-2019 Thana- CHAND District- Kaimur (Bhabua) ====================================================== MANOJ RAM, aged about 40 years, Male, Son of Late Shiv Pujan Ram, Resident of Village- Chhotaka Amaon, Police Station- Chand, DistrictKaimur (Bhabua) ... Petitioner

Versus

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

For the Petitioner :

Mr. Kumar Sunil, Adv.

For the Opposite Party :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-10-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Chand P.S. Case No. 143 of 2019 for the offence alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The accusation is that in course of patrolling duty, receiving the information about selling of liquor by Manoj Ram, keeping the same in his cattle shed in village Chhotaka Amaw, the informant, along with other police officials, reached there. On seeing the police party two persons started to flee away from cattle shed of the petitioner. On chase, one succeeded to flee away, but, the other was apprehended, who disclosed his name Motilal Ram and also disclosed the name of person succeeded to flee away as Manoj Ram (petitioner). On search, 5 bottles, each containing 180 Indian made foreign liquor recovered.

Patna High Court CR. MISC. No.61806 of 2019(2) dt.15-10-2019 2/2 Submission is that alleged 5 bottles country made liquor are said to be recovered from the cattle shed of the petitioner, which is easily accessible by person. More so, nearby cattle shed, one Moti Lal Ram was apprehended. petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Chand P.S. Case No. 143 of 2019 shall 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 the Additional District & Sessions Judge IV-cumSpecial Judge, Excise, Kaimur at Bhabhua, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T