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Patna High CourtCR. MISC./69064/2022allowed

Saroj Ram v. The State Of Bihar

2022-12-16Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69064 of 2022 Arising Out of PS. Case No.-576 Year-2022 Thana- MAHUA District- Vaishali ====================================================== SAROJ RAM Son of Ram Vilash Ram @ Vilash Ram R/V- Narayanpur Buzurg, P.S- Mahua, Dist- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-12-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code as well as Section 30(a) of the Bihar Prohibition and Excise Act.

48.495 litres of Indian made foreign liquor has been recovered from a Tata Indica Car.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is submitted that nearby people identified the petitioner. It is further submitted that there is no recovery from

Patna High Court CR. MISC. No.69064 of 2022(2) dt.16-12-2022 2/3 the conscious possession of the petitioner and the field does not belong to the petitioner as stated in paragraph-7 of the bail petition.

Petitioner is agree to deposit a sum of Rs. 10,000/- (rupees ten thousand) in the Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Taking into consideration the fact that there is no recovery from the conscious possession of the petitioner, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Court No.-II-cum-A.D.J., Vaishali at Hajipur in connection with Mahua P.S. Case No.576 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the further conditions that:

(i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

Patna High Court CR. MISC. No.69064 of 2022(2) dt.16-12-2022 3/3 (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. The bail bond of the petitioner shall be accepted by the learned court below on showing receipt of deposit of the aforesaid amount in the Patna High Court Legal Services Committee, Patna.

(Anjani Kumar Sharan, J) Sanjay/- U T