Shivmangal Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78997 of 2024 Arising Out of PS. Case No.-100 Year-2024 Thana- Excise P.S. District- Rohtas ====================================================== 1.

Shivmangal Ram Son of Late Ramadhar Ram R/O Vill.- Dehri, Ward no. 01, P.S.- Rajpur, Dist.- Rohtas.

2.

Mantoo Pasi Son of Late Kameshwar Pasi R/O Vill.- Rampur, P.S.- Mohaniya, Dist.- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chhote Lal Mishra For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-11-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Bikramganj Excise P.S. Case No. 100 of 2024 dated 13.06.2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 95 litres of illicit country made liquor was recovered from the hut.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the

Patna High Court CR. MISC. No.78997 of 2024(2) dt.13-11-2024 2/2 possession of the petitioners. The petitioners are not the owner of the said hut. The other co-accused person has already been granted bail by this court vide order dated 28.08.2024 passed in Cr. Misc. No. 61849/2024. The petitioner no. 1 has clean antecedent whereas the petitioner no. 2 is accused in two other criminal cases as stated in para 3 of the bail petition. The petitioners are in custody since 13.06.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Rohtas at Sasaram in connection with Bikramganj Excise P.S. Case No. 100 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T