Allowed¶7

Purkha Ram v. The State of Bihar

Patna HC20 Apr 2024CR. MISC./10574/2024

Case brief

AI extract

What is this about?

Patna HC Criminal Miscellaneous No.10574 of 2024 (decided 20-04-2024, Ramesh Chand Malviya, J): regular bail allowed to Purkha Ram and Mohan Lal in Choutarwa PS Case No. 309 of 2023 (West Champaran), Sections 420/467/468/472/120B IPC and Sections 30(a)/36/41(i) Bihar Prohibition and Excise Act; 7254.360 litres foreign liquor recovered; custody since 27.11.2023; charge sheet filed; bail after framing of charge, bonds Rs. 10,000 each, two sureties, close-relative bailor, 15-day charge-framing timeline, attendance condition.

What did the court decide?

Regular bail granted to both petitioners in Chautarwa P.S. Case No. 309 of 2023/2024, subject to release after framing of charge, bail bonds of Rs. 10,000/- each with two like sureties (one bailor a close relative), and personal appearance on every date till conclusion of trial. ¶7

Purkha Ram Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether petitioners Nos. 1 and 2 (alleged driver and Khalasi of the truck carrying 7254.360 litres of foreign liquor) deserve regular bail in connection with Chautarwa P.S. Case No. 309 of 2023 under Sections 420, 467, 468, 472, 120B IPC and Sections 30(a), 36, 41(i) of the Bihar Prohibition and Excise Act.

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Court's answer

Considering the facts, circumstances and period of custody, the petitioners are to be released on bail after framing of charge (if not framed) on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Bagaha, with the further condition that one of the bailors must be a close relative of the petitioners.

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Ratio / Principle

The trial court is directed to conclude the proceeding of framing of charge according to law within 15 days from the date of receipt of a copy of the order; and if the charge-sheet has not been submitted, the petitioners are nonetheless to be released on the above conditions.

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Key takeaways

Bail is conditioned on the petitioners remaining physically present on each and every date before the trial court till conclusion of trial; absence on two consecutive dates without cogent reason will result in the trial court cancelling their bail bonds.ratio¶8

Detailed headnote1 paragraphs

Bail granted — Patna High Court allowed the regular-bail prayer of two Rajasthan residents (truck driver and Khalasi) arraigned in Chautarwa P.S. Case No. 309 of 2023 under Sections 420, 467, 468, 472, 120B IPC and Sections 30(a), 36, 41(i) of the Bihar Prohibition and Excise Act, following alleged recovery of 7254.360 litres of foreign liquor. Petitioner No. 1 had one criminal antecedent, petitioner No. 2 none; both were in custody since 27.11.2023 and investigation had concluded with charge sheet filed. Bail ordered after framing of charge on bonds of Rs. 10,000/- each with two like sureties, one bailor being a close relative; framing of charge to conclude within 15 days; default condition — physical presence on every date, failing which bail bonds cancellable by the trial court on two consecutive absences.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10574 of 2024

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Arising Out of PS. Case No.-309 Year-2023 Thana- CHOUTARWA District- West Champaran

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

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Purkha Ram Son of Sri Swarupa Ram R/o village- Khaddin, P.S.- Ramsar, Dist. - Badmer (Rajasthan)

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Mohan Lal Son of Sri Anada Ram R/o Village- Rawatsar, P.S.- Ramsar, Dist.- Badmer (Rajasthan)

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... ... Petitioner/s

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Versus

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The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sagar Kumar, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

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ORAL ORDER

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3 20-04-2024

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Heard learned counsel for the petitioners and

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learned APP for the State.

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The petitioners seek regular bail in connection with Chautarwa P.S. Case No. 309 of 2023 registered for the offence under Sections 420, 467, 468, 472, 120B of the IPC and Section 30(a), 36, 41(i) of the Bihar Prohibition and Excise Act.

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As per the prosecution story, it is a case of recovery of 7254.360 liters of foreign liquor from the possession of the petitioners.

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Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. Nothing has been recovered from the possession of the petitioners. He further submits that the petitioners are in

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Patna High Court CR. MISC. No.10574 of 2024(3) dt.20-04-2024 2/3

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custody since 27.11.2023.

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However, learned APP for the State vehemently opposed the prayer for regular bail.

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On perusal of the FIR, seizure list, impugned order dated 08.01.2024, it appears that petitioner No. 1 is the driver of the said truck and petitioner No. 2 is Khalasi of the said truck. Petitioner No. 1 has one criminal antecedent while petitioner No. 2 has got no criminal antecedent as stated in para 3 of the bail petition. Investigation is already concluded and charge sheet has been submitted in this case against both the petitioners.

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Considering the aforesaid facts and circumstances of the case and period of custody, let the petitioner, above named, be released on bail after framing of charge if not framed on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bagaha in connection with Chautarwa P.S. Case No. 309 of 2024 with further condition that one of the bailors of the petitioners must be a close relative of the petitioners.

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The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this

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Patna High Court CR. MISC. No.10574 of 2024(3) dt.20-04-2024 3/3

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order. However, it is made clear that if the charge-sheet has not been submitted then the petitioners shall be released on bail on the above conditions and he shall be present physically on each and every date before the trial court till conclusion of trial of this case and if the petitioners remain absent on two consecutive dates without any cogent reason, the bail bonds of the petitioners shall be cancelled by the trial Court itself.

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(Ramesh Chand Malviya, J)

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saurabhkr/-

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U T

Purkha Ram v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Purkha Ram v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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Parties & counsel

Coram

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