Sudama Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67839 of 2018 Arising Out of PS. Case No.-24 Year-2018 Thana- KUDHNI District- Bhabhua (Kaimur) ====================================================== Sudama Ram, Son of Sita Ram, Resident of Village- Bisapur Muthela, Police Station- Balua, District- Chandauli (U.P.) ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Kumar Sunil For the Opposite Party/s :

Mr. Sri Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-11-2018 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Excise Case No. 692 of 2018 corresponding to Kudhani P.S. Case No. 24 of 2018 instituted for the offence under Section(s) 30(a), 38(1) of the Bihar Prohibition and Excise Act, 2016. As per seizure list, which is part of the FIR, total 4896 bottles of foreign liquor have been recovered from the vehicle as mentioned in the written report. The petitioner managed to run away. The petitioner is said to be the owner of the aforesaid vehicle.

Learned counsel for the petitioner has submitted that petitioner was not present on the spot. The petitioner has given the vehicle to Santosh Kumar and Ramesh Kumar on

Patna High Court Cr.Misc. No.67839 of 2018(2) dt.26-11-2018 2/2 5.7.2018, who were professional drivers, for plying the vehicle. Thereafter, said Santosh Kumar told the petitioner that his vehicle was stolen. In this regard, petitioner has given his written application before the Deputy District Magistrate Sakaldiha (Chandauli) for lodging an FIR against said Santosh Kumar Yadav. The photo copy of the application is annexed as Annexure-2 to the bail petition.

The petitioner is in custody since 17.8.2018 having no criminal antecedent.

Considering the aforesaid, 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 Additional District JudgeVI-cum-Special Judge, Excise, Kaimur (Bhabua) in connection with Excise Case No. 692 of 2018 corresponding to Kudhani P.S. Case No. 24 of 2018, subject to the condition that both the bailers shall be the close relative of the petitioner. (Sanjay Priya, J) shyambihari/- U