Amod Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72260 of 2019 Arising Out of PS. Case No.-294 Year-2019 Thana- LAUKAHA District- Madhubani ====================================================== AMOD RAM Son of Nirdhan Ram Resident of Village - Jatahi, P.S.- Khutauna, District - Madhubani.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Kumar Bharti, Advocate.

For the Opposite Party/s :

Mr.Shyam Bihari Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

42 litres of Nepali country made wine is said to have been recovered from the motorcycle and the petitioner was apprehended while escaping abandoning the motorcycle and another accused managed to escape.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. Petitioner

Patna High Court CR. MISC. No.72260 of 2019(2) dt.11-12-2019 2/2 has no concern either with the seized liquor or motorcycle in question. He has been falsely implicated in the case merely on suspicion while he was passing through the place of occurrence at the time of occurrence and real culprit managed to escape seeing the police party. He has no criminal antecedent and has been languishing in custody since 03.10.2019. Considering the facts aforesaid, the above named petitioner is directed to 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 the learned Addl. Sessions Judge-II cum Special Judge, Excise Act, Madhubani in connection with Laukaha P.S. Case No. 294 of 2019. (Prakash Chandra Jaiswal, J) mantreshwar/- U T