Binod Ram @ Gulani Ram @ Gulli Ram @ Gulor Ram @ Gulabi Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85823 of 2019 Arising Out of PS. Case No.-52 Year-2019 Thana- KORMA District- Sheikhpura ====================================================== Binod Ram @ Gulani Ram @ Gulli Ram @ Gulor Ram @ Gulabi Ram, S/O Brahamdeo Ram, R/o Village Murarpur, P.S.Korma, District Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-03-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks regular bail in connection with Excise Case No. 222 of 2019 arising out of Korma P.S. Case No. 52 of 2019, registered for the offence punishable under Section 372/ 273 of the Indian Penal Code and Section 30 (a) and (d) of the Bihar Excise Prohibition Act.

The allegation against the petitioner is that the police on the basis of secret information that some persons were indulged in the sell and preparation of illicit liquor proceeded towards the place of occurrence and upon seeing the police party, two persons, who were manufacturing the illicit liquor, fled away, however, police arrested five persons from the place of occurrence and also recovered 10 litres of illicit Mahua liquor

Patna High Court CR. MISC. No.85823 of 2019(3) dt.18-03-2020 2/2 from an open place on which illicit liquor was being prepared by the accused persons.

Mr. Santosh Kumar, learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in this case inasmuch as from perusal of the seizure list, the illicit liquor has not been recovered from the conscious possession or the premises belonging to the petitioner. Learned counsel further submits that petitioner is in custody since 29.11.2019.

After having heard learned counsel for the parties and taking into consideration the fact that the illicit liquor has not been recovered from the conscious possession or the premises belonging to the petitioner and the petitioner is in custody since 29.11.2019, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail upon furnishing bail bond of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Addl. District & Sessions Judge, Sheikhpura, in connection with Korma P.S. Case No. 52 of 2019.

sanjeev/- (Anil Kumar Sinha, J) U T