Ram Babu Chaursiya @ Rambabu Chaurasia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72099 of 2022 Arising Out of PS. Case No.-360 Year-2022 Thana- PAROO District- Muzaffarpur ====================================================== Ram Babu Chaursiya @ Rambabu Chaurasia S/O Late Yogi Chaursiya Resident Of Village- Deoriya Nahar Par, P.S.- Deoriya, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 30(a), 31, 32, 33, 41(A) of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 90 liters of foreign liquor is said to have been recovered behind the house of Arun Rai. Local people told that the petitioner and other co-accused persons have brought illicit foreign liquor for selling. He submits that mandatory provision of Section 100 of the Cr.P.C. has not been followed in this case. He further submits that petitioner has two criminal antecedent of similar offence as stated in para-3 of the

Patna High Court CR. MISC. No.72099 of 2022(2) dt.18-01-2023 2/3 bail application.

Petitioner is agreed to deposit a sum of Rs. 50,000/- (Rupees Fifty Thousand) in the PM Cares Fund, bearing Account No. 2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID: pmcares@sbi.

Considering the facts and circumstance of the case, let the above named petitioner, in the event of his arrest or surrender before the learned Court below within a period of eight 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 the learned court below where the case is pending/successor court in connection with Paroo P.S. Case No. 360 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., with further conditions:

(1) that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to who he is related with the petitioner. He will also undertake to inform the court if there is any change in the address of the petitioner.

(II) that the bailor shall also stated on affidavit that he

Patna High Court CR. MISC. No.72099 of 2022(2) dt.18-01-2023 3/3 will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of the aforesaid amount in the account of PM Cares Fund.

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