Baban Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87187 of 2024 Arising Out of PS. Case No.-250 Year-2024 Thana- JALALPUR District- Saran ====================================================== 1.

Baban Ram s/o Ram Prasad Ram R/o village- Bhalui, P.S.- Madhaura, District- Saran 2.

Neeraj Kumar @ Dhiraj S/O Akhilesh Mahto R/o village- Shanichanda Bhalui, P.S.- Madhaura, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hemant Kumar, Adv.

For the Opposite Party/s :

Mr.Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-02-2025 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 Jalalpur P.S. Case No. 250 of 2024 dated 27.10.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 370 litres of illicit country made liquor was recovered from a motorcycle and a car out of which 360 litres of illicit country made liquor was recovered from the said car. It is further alleged that the petitioners were apprehended from the said car.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The name of the petitioners was

Patna High Court CR. MISC. No.87187 of 2024(2) dt.05-02-2025 2/2 transpired in this case merely on suspicion. The petitioner no. 1 is the owner of the said car and the petitioner no. 2 is neither the owner nor the driver of the said car. The petitioners have no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioners. The petitioner no. 1 has three criminal antecedents in which he is on bail whereas the petitioner no. 2 has clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 28.10.2024.

5. Learned A.P.P. for the State has 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, Saran at Chapra in connection with Jalalpur P.S. Case No. 250 of 2024.

7. The application stands allowed.

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