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

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

What the court decided

AI extract

Outcome

Both petitioners enlarged on regular bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Court No. 1, Rohtas at Sasaram in connection with Sasaram Excise P.S. Case No. 199 of 2024, subject to cooperation in trial; bail bonds of petitioner Mukhlal Ram (three like antecedents) to be accepted only after two months from the date of the order.

Issue for consideration

Whether the petitioners are entitled to regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act arising out of Sasaram Excise P.S. Case No. 199 of 2024.

Court's answer

Having heard learned counsel for the parties and considering the facts and circumstances of the case, the court enlarged both petitioners on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Court No. 1, Rohtas at Sasaram, subject to the condition that the petitioners cooperate in the disposal of trial and remain available as and when required by the court.

Ratio / Principle

In view of petitioner Mukhlal Ram having three criminal antecedents of like nature, his bail bonds shall be accepted by the court below only after a period of two months from the date of the order.

Detailed headnote1 paragraphs

Bail — Section 30(a), Bihar Prohibition and Excise Act — Recovery of 23 litres country-made liquor allegedly from joint possession of two accused, arrested on spot (Sasaram Excise P.S. Case No. 199 of 2024); accused in judicial custody since 23.05.2024 — Held, both petitioners to be enlarged on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of like amount each to the satisfaction of the Exclusive Special Judge Court No. 1, Rohtas at Sasaram, subject to cooperation in trial — However, since petitioner Mukhlal Ram had three criminal antecedents of like nature, acceptance of his bail bonds deferred by two months from the date of the order (Nawneet Kumar Pandey, J).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57604 of 2024

Arising Out of PS. Case No.-199 Year-2024 Thana- Excise P.S. District- Rohtas

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

Mukhlal Ram S/o- Late Ram Barat Ram Village- Pahleja PS- Dehri Muffasil District- Rohtas

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

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

with CRIMINAL MISCELLANEOUS No. 58490 of 2024

Arising Out of PS. Case No.-199 Year-2024 Thana- Excise P.S. District- Rohtas

====================================================== GUDDU RAM S/O KRISHNA RAM R/O VILLAGE- PAHLEJA, P.SDEHRI(M), DISTT.- ROHTAS.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 57604 of 2024) For the Petitioner/s : Mr.Ashwani Kumar Tiwary For the Opposite Party/s : Mr.Sucheta Yadav (In CRIMINAL MISCELLANEOUS No. 58490 of 2024) For the Petitioner/s : Mr.Ashwani Kumar Tiwary For the Opposite Party/s : Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

3 02-09-2024

Heard learned counsel for the petitioners and

learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under section 30(a) Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 23 litres

Patna High Court CR. MISC. No.57604 of 2024(3) dt.02-09-2024 2/3

country made liquor from joint possession of the petitioners and they were arrested on spot.

It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case at the instigation of the persons having inimical term with the petitioner. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. Petitioners are languishing in judicial custody since 23.5.2024.

The application for bail is opposed by learned APP for the State and submitted that petitioner Mukhlal Ram is having three criminal antecedent of like nature and petitioner Guddu Ram is having one criminal antecedent of like nature.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Court No. 1, Rohtas at Sasaram in connection with Sasaram Excise P.S. Case No. 199 of 2024, subject to the condition that petitioners shall cooperate in the disposal of trial and be available as and when required by the

Patna High Court CR. MISC. No.57604 of 2024(3) dt.02-09-2024 3/3

court.

So far as petitioner Mukhlal Ram is concerned, as he is having three criminal antecedents of like nature, his bail bonds shall be accepted by the court below after a period of two months from today.

(Nawneet Kumar Pandey, J)

sushma/-

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