Ramesh Rajbhar @ Ramesh Kumar Rajbhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76855 of 2023 Arising Out of PS. Case No.-423 Year-2023 Thana- BHORE District- Gopalganj ====================================================== Ramesh Rajbhar @ Ramesh Kumar Rajbhar Son of Vichar Rajbhar Resident of Hussepur, Kohar Toli, P.S. - Bhorey, District - Gopalganj, Bihar. ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sumit Shekhar Pandey For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 02-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Bhorey P.S. Case No. 423/2023 registered for the offences punishable under Sections 30(a)/41(1) of the Bihar Prohibition and Excise Amendment Act, 2016.

3. As per prosecution case, there is alleged recovery of total 256.600 liters country made liquor from Bolero car in question. Local Chaukidar disclosed the name of the petitioner and others who fled away from the place of occurrence.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not apprehended on the spot

Patna High Court CR. MISC. No.76855 of 2023(2) dt.02-12-2023 2/3 and he has nothing to do with the alleged occurrence. The petitioner is languishing in custody since 10.09.2023 and bears no criminal antecedent. He further submits that except disclosure of local Chaukidar, there is nothing on record to demonstrate the complicity of the present petitioner with the alleged occurrence. He further submits that the petitioner was neither the owner of the said vehicle nor was concerned with the seized liquor. He further submits that the seizure list has not been prepared as per the law. On similar and identical allegation, co-accused Anil Kumar has already been granted bail by the co-ordinate Bench of this Court vide Cr. Misc. No.76201/2023 and on the principle of parity, the petitioner also deserves same treatment.

5. The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.76855 of 2023(2) dt.02-12-2023 3/3 Additional District and Sessions Judge-II cum Special Excise Court No.1, Gopalganj, Bihar in connection with Bhorey P.S. Case No. 423/2023, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial Court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) amitkumar/- U T