Rajesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 62666 of 2018 Arising Out of PS. Case No.-31 Year-2018 Thana- Sasaram Muffasil District- Rohtas ====================================================== Rajesh Ram, Son of Late Ram Nath Ram, resident of Village- Bishrampur Tola, P.S. Sasaram (Muffasil), District- Rohtas at Sasaram. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Babu Nandan Prasad For the Opposite Party/s :

Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

08-10-2018 Heard Sri Babu Nandan Prasad, learned counsel for the petitioner and Mr. Md. Fahimuddin, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Sasaram (Muffasil) P.S. Case No. 31 of 2018 registered for offence under Sections 30(a), 35, 38 of Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender.

At the very outset, it was submitted by learned counsel for the petitioner that petitioner is having clean antecedent. He further submits that save and except the fact that petitioner is the owner of the tractor in question from which huge quantity of Indian make foreign liquor was shown to be recovered, there is no other material to connect the petitioner in the present case. He further submits that even in the F.I.R., the informant, who is police officer, has stated that he had received secret information that Mahendra Ram (son of the petitioner)

Patna High Court Cr.Misc. No.62666 of 2018(2) dt.08-10-2018 2/2 had loaded liquor in the tractor and thereafter, tractor was intercepted, however; the son of the petitioner Mahendra Ram could not be apprehended. Learned counsel for the petitioner has drawn my attention to Annexure - 2 to the petition to show that other co-accused Mahendra Ram has already been granted anticipatory bail by order dated 14-09-2018 passed in Cr. Misc. No. 57343 of 2018.

Considering the fact that one of the co-accused, against whom there was accusation, has been granted anticipatory bail, there is no reason to refuse the same relief to the petitioner.

Accordingly, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Rajesh Ram 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 Additional Sessions Judge IIcum-Special Judge, Excise, Rohtas at Sasaram in connection with Sasaram Muffasil P.S. Case No. 31 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J.) anay U T