Ram Bhawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75083 of 2019 Arising Out of PS. Case No.-392 Year-2019 Thana- UDWANTNAGAR District- Bhojpur ====================================================== RAM BHAWAN KUMAR Son of Bikrama Singh @ Bishawakarma Singh Resident of Village - Dihri, P.S.- Udwantnagar, District - Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rama Kant Singh For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 25-11-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Excise Case No. 2011 of 2019, arising out of Udwantnagar P.S. case No. 392 of 2019, instituted for the offence under Section(s) 30(a) of the Bihar Prohibition and Excise Act, 2016.

It is submitted by the petitioner's counsel that the alleged recovery is from the tempo and not from the petitioner's person. The recovery is not in accordance with law and that petitioner has falsely been implicated in the instant case. The petitioner has no criminal antecedents, as per averments made in paragraph No.3 of the bail petition. Petitioner is in custody since 06.10.2019.

Learned APP for the State opposed the prayer for bail.

Patna High Court CR. MISC. No.75083 of 2019(2) dt.25-11-2019 2/2 For the limited purpose of grant of bail this Court is inclined to accept the submission of counsel for the petitioner. Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the 4th Additional Sessions Judgecum-Special Judge, Excise, Bhojpur at Aar, in connection with Excise Case No. 2011 of 2019, arising out of Udwantnagar P.S. case No. 392 of 2019, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T