Bindeshwari Ram @ Bindu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.3263 of 2020 Arising Out of PS. Case No.-7 Year-2015 Thana- KORMA District- Sheikhpura ====================================================== Bindeshwari Ram @ Bindu Ram, Son of Late Maouji Ram, Resident of Village-Murarpur, P.S.-Korma, District-Shekhpura. .. ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Mukesh Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 10-09-2020 Heard learned counsel for the petitioner and Mr. Mukesh Kumar Singh, learned A.P.P. for the State. Petitioner, in the present case, is seeking regular bail in connection with Korma P.S. Case No. 07/2015, Excise Case No. 163/2017 registered for the offence under Sections 272, 273 of the Indian Penal Code and Section 47(a) of Bihar Excise Act. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case on mere suspicion. Learned counsel submits that there is no recovery from the conscious possession of the petitioner. Learned A.P.P. for the State has opposed the prayer for regular bail of the petitioner.

Having regard to the facts and circumstances of the

Patna High Court CR. MISC. No.3263 of 2020(3) dt.10-09-2020 2/3 case wherein it appears from the seizure list that the illicit liquor was recovered from the bank of the river and the petitioner has remained in custody for ten months by now as also that there is no chance of conclusion of trial in near future, let the petitioner, above-named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned 2nd Additional District and Sessions Judge, Sheikhpura in connection with Korma P.S. Case No. 07/2015, Excise Case No. 163/2017, subject to the conditions as laid down under Section 437(3) of the Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, oft he commission of which he is suspected, and (c) that such person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

And further condition that he will abide by and

Patna High Court CR. MISC. No.3263 of 2020(3) dt.10-09-2020 3/3 observe the guidelines and directives of the Government of India and the State Government with regard to COVID-19 Pandemic.

(Rajeev Ranjan Prasad, J) avin/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.