Sita Ram Prasad @ Sita Ram Paswan @ Sita Ram Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5158 of 2024 Arising Out of PS. Case No.-511 Year-2023 Thana- SAHPUR District- Bhojpur ====================================================== Sita Ram Prasad @ Sita Ram Paswan @ Sita Ram Ram S/O LATE RAMBILASH PASWAN VILLAGE- RANISAGAR, PS. SHAHPUR, DISTT- BHOJPUR.
... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar Singh For the Opposite Party/s :
Mrs.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 06-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Shahpur P.S. Case No. 511/2023 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per prosecution case, there was alleged recovery of 80 liters country made wine from the possession of the petitioner.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is languishing in custody since
Patna High Court CR. MISC. No.5158 of 2024(2) dt.06-02-2024 2/3 09.11.2023 and bears no criminal antecedent. He further submits that the petitioner was going to his field with Urea fertilizer and on that time, the said recovery was made and the petitioner was apprehended on the spot merely on suspicion. Except suspicion, there is nothing on record to demonstrate the complicity of the present petitioner with the alleged occurrence. He further submits that charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence.
5. The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No.-II, Bhojpur at Ara in connection with Shahpur P.S. Case No. 511/2023, subject to following conditions:- (i) One of the bailors shall be either father or mother
Patna High Court CR. MISC. No.5158 of 2024(2) dt.06-02-2024 3/3 or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial Court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J) amitkumar/- U T