Allowed

Yogendra Ram v. The State of Bihar

Patna HC9 May 2022CR. MISC./65298/2021

Case brief

AI extract

What is this about?

The High Court allowed the bail application of the petitioner in a case under the Bihar Prohibition and Excise Act. The court noted the petitioner was an innocent bystander named due to his role as a village guard, had no criminal antecedents, and no one was arrested on the spot with him.

What did the court decide?

Release on bail subject to a bond of Rs. 10,000 with two sureties and compliance with attendance conditions.

Yogendra Ram Vs The State of Bihar — Patna HC (2022) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.65298 of 2021

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Arising Out of PS. Case No.-287 Year-2021 Thana- TARAIYA District- Saran

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======================================================

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Yogendra Ram Son of Late Ramji Ram R/o Village - Aakuchak, P.S. - Taraiya, District - Saran

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Pushkar Narain Shahi, Sr. Advocate For the Opposite Party/s : Mr.Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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2 09-05-2022

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Heard the learned Senior Counsel, Mr. Pushkar Narain Shahi and the learned APP for the State.

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Let the defect(s), if any, as pointed out by the office be removed within a period of four weeks.

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The petitioner is in judicial custody in connection with Taraiya P.S. Case No. 287 of 2021 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

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As per the allegation, while the informant along with the police force were on a patrolling duty, they received secret information that huge quantity of country made liquor was being brought from the boat by the co-accused Mukesh Sahni. On the said information, the police reached the spot and made

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search near the bamboo orchard and recovered/seized 1000 litres of country made liquor which was kept hidden in the said

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Patna High Court CR. MISC. No.65298 of 2021(2) dt.09-05-2022 2/3

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boat. Accordingly, the seizure list was prepared in presence of two independent witnesses. The petitioner herein along with the other accused were named in the FIR.

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The learned Senior Counsel for the petitioner submits that he had nothing to do with the said seizure of the liquor and it is not the case of the informant that he was arrested along with the said liquor on the spot. He further drew attention to this Court to para-3 of the bail application to show that he does not have any criminal antecedent and only because he being the ‘Choukidar’ of the said village; his name has been dragged in the case.

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Considering the aforesaid facts that the charge-sheet has been submitted, the petitioner does not have criminal antecedent and he is in jail since 17.9.2021 (as stated in para-8 of the bail application); this Court is inclined to grant the privilege of the bail to the petitioner with certain conditions.

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Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional District & Sessions Judge-II-cum-Special Judge, Excise, Saran, in connection with Taraiya P.S. Case No. 287 of 2021 subject to the following conditions:-

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Patna High Court CR. MISC. No.65298 of 2021(2) dt.09-05-2022 3/3

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(i) one of the bailors should be the family members of the petitioner, who shall provide official document to show his/her bona fide;

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(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;

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(iii) he shall appear before the concerned police station every month for next six months to mark his presence;

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With the aforesaid observation, the bail application is

allowed.

(Rajiv Roy, J)

Ravi/-

U T

Yogendra Ram v. The State of Bihar

Case brief

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Yogendra Ram v. The State of Bihar

Case brief

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