Hare Ram Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Hare Ram Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted; petitioner to be released on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge Excise 2nd, Khagaria, subject to conditions of cooperating with the trial and verification of his criminal antecedent by the court below before release.

Issue for consideration

Whether the petitioner should be released on regular bail in connection with Beldour P.S. Case No. 87 of 2024, registered for offences punishable under Sections 30(a) and 30(f) of the Bihar Prohibition and Excise Act, 2022.

Court's answer

Considering the facts, circumstances and the petitioner's clean antecedent, the petitioner is released on regular bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise), 2nd, Khagaria, in connection with Beldour P.S. Case No. 87 of 2024.

Ratio / Principle

Release is subject to the condition that, before release, the learned court below shall verify the petitioner's criminal antecedent, and if the petitioner is found involved in any other case of similar nature except the present one, his bail bond shall not be accepted.

Detailed headnote1 paragraphs

Bail — Regular bail — Sections 30(a) and 30(f), Bihar Prohibition and Excise Act, 2022 (Beldour P.S. Case No. 87 of 2024, District Khagaria) — Allegation that 97.2 liters of Triprolidine Hydrochloride & Hydrochloride Codiene Phosphate syrup (spelled 'Codiene' as printed) was recovered from a vehicle owned by the petitioner — Petitioner in custody since 17.04.2024, claiming innocence and clean antecedent; nothing allegedly recovered from his conscious possession — Held, considering the facts, circumstances and clean antecedent, petitioner released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise), 2nd, Khagaria — Conditions: petitioner to cooperate in trial and remain available; before release, the court below to verify his criminal antecedent, and bail bonds not to be accepted if he is found involved in any other case of similar nature except the present one. (Paras 14–21)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40166 of 2024

Arising Out of PS. Case No.-87 Year-2024 Thana- BELDOUR District- Khagaria

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

Hare Ram Kumar S/O UMESH PASWAN R/O VILLAGE- PARRARIA, WARD NO.16, P.S.- SONVARSHA RAJ, DIST-Saharsa

... ... Petitioner/s

Versus

The State of Bihar BIHAR

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Parmatma Singh For the Opposite Party/s : Mr.Meena Singh ======================================================

CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

5 17-09-2024

Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Beldour P.S. Case No. 87 of 2024, registered for the offences punishable under Sections 30(a) and 30(f) of the Bihar Prohibition and Excise Act, 2022.

As per allegation, 97.2 liters of Triprolidine Hydrochloride & Hydrochloride Codiene Phosphate syrup was recovered from a vehicle, to which the petitioner is owner.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He is a person of clean antecedent. Nothing has been recovered from his conscious possession. He is under custody

Patna High Court CR. MISC. No.40166 of 2024(5) dt.17-09-2024 2/2

since 17.04.2024.

Considering the above-mentioned facts and circumstances as well as clean antecedent, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge Excise 2^nd Khagaria in connection with Beldour P.S. Case No. 87 of 2024, subject to the following condition:-

(i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) Before release, the learned court below shall verify the criminal antecedent of the petitioner and if it is found that he is involved in any other case of similar nature except the present one, his bail bond shall not be accepted.

(Nawneet Kumar Pandey, J)

kundan/-

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