Abhishek Ram @ Abhishe Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89844 of 2024 Arising Out of PS. Case No.-87 Year-2024 Thana- HATHUA District- Gopalganj ====================================================== Abhishek Ram @ Abhishe Kumar Ram Son of Rajesh Ram Resident of village- Bara Sikuara PS -Nautan District -Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Dubey, Advocate For the Opposite Party/s :

Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. Learned counsel is permitted to make necessary correction during course of the day.

3. The petitioner seeks bail in connection with Hathua PS Case No. 87 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

4. The prosecution case, in short, is that total 251.400 litres of country made liquor was recovered from two motorcycles.

5. 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

Patna High Court CR. MISC. No.89844 of 2024(2) dt.16-01-2025 2/3 recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that local people disclosed the name of the petitioner. It is further submitted that motorcycle in question does not belong to the petitioner. The petitioner is in custody since 31.10.2024 and has got two criminal antecedents in which he is on bail. There is no compliance of Section 100 of Cr.P.C.

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

7. 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.

8. 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 Hathua PS Case No. 87 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of

Patna High Court CR. MISC. No.89844 of 2024(2) dt.16-01-2025 3/3 the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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