Hardev Ram @ Hardev Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83947 of 2024 Arising Out of PS. Case No.-113 Year-2024 Thana- KHAJAULI District- Madhubani ====================================================== Hardev Ram @ Hardev Kumar Ram S/o- Ramavtar @ Ram Avtar Ram R/O village - Sukki, P.s.- Khajauli, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Khajauli PS Case No. 113 of 2024 instituted for the offences under Sections 272, 273 of IPC and 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 581.640 litres of foreign liquor was recovered from the Car. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that petitioner is neither the owner nor the driver of the seized

Patna High Court CR. MISC. No.83947 of 2024(2) dt.10-12-2024 2/2 vehicle. It is further submitted that local chowkidar disclosed the name of the petitioner. The petitioner is in custody since 07.09.2024 and has got one criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Khajauli PS Case No. 113 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T