Raman Raj @ Raman Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50794 of 2017 Arising Out of PS.Case No. -218 Year- 2017 Thana -BAUNSI District- BANKA ======================================================
1. Raman Raj @ Raman Kumar S/o Amrendra Kumar @ Amrendra Yadav, R/o Village- Jhitkiya, P.S.- Guwalpara, District- Madhepura. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Singh For the Opposite Party/s : Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 15-11-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 11.09.2017 in connection with Bounsi P.S. Case No. 218/2017, G.R. No. 2778/2017 for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, as lodged by the informant police personnel, is that two four-wheeler vehicles were stopped and searched and five persons including the petitioner tried to flee away but were apprehended. From the vehicle 300 litres of country-made liquor with arms and ammunitions were recovered. Accordingly, a seizure-list was prepared.
Patna High Court Cr.Misc. No.50794 of 2017 (3) dt.15-11-2017 2/3 It has been submitted by the learned counsel for the petitioner that for the offence under the Arms Act, Bounsi P.S. Case No. 217/17 has been registered on the same day for the same occurrence and petitioner is not implicated in any other case of similar nature except one case under Section 307 and other allied Sections of the Indian Penal Code and Section 27 of the Arms Act. He submits that one of the co-accused Ranjan Kumar has been granted privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 50562 of 2017 on 18.10.2017. He further submits that nothing has been recovered from his conscious possession and he did not know that illicit liquor was being carried in the said vehicle.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-II, Banka, in connection with Bounsi P.S. Case No. 218/2017, G.R. No. 2778/2017, subject to the condition that if the petitioner indulges in an offence of similar nature in
Patna High Court Cr.Misc. No.50794 of 2017 (3) dt.15-11-2017 3/3 future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.
(Nilu Agrawal, J) Rajesh/- U T