Pradip Kumar Ram @ Pradip Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69970 of 2022 Arising Out of PS. Case No.-363 Year-2022 Thana- JAYNAGAR District- Madhubani ====================================================== PRADIP KUMAR RAM @ PRADIP RAM S/O Shiv Kumar Ram R/O Village- Kanhauli Bela Kothi Ward No- 08, P.S- Khajauli, DistrictMadhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Subhash Kumar Jha For the Opposite Party/s :
Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-02-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Jaynagar P.S. Case No. 363 of 2022 registered for the offences punishable under Sections 272, 273, 414/34 of the Indian Penal Code and Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2022.
The allegation is regarding recovery of 477 litres of illicit liquor from five motorcycles. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, is
Patna High Court CR. MISC. No.69970 of 2022(2) dt.09-02-2023 2/3 having a clean antecedent and he is languishing in custody since 10.10.2022. The learned counsel for the petitioner has further submiited, by referring to paragraph no. 7 of the present petition, that neither the liquor nor the motorcycles in question belong to the petitioner and the petitioner has been falsely implicated in the present case.
Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that neither the illicit liquor has been recovered from the conscious possession of the petitioner nor the motorcycles in question belong to the petitioner, I deem it fit and proper to admit the petitioner to the privilege of bail.
Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
Patna High Court CR. MISC. No.69970 of 2022(2) dt.09-02-2023 3/3 sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-2nd-cumSpecial Judge, Excise Act, Madhubani in connection with Jaynagar P.S. Case No. 363 of 2022.
(Mohit Kumar Shah, J) S.Sb/Saurav U T