Patna High Court - Orders
Subodh Ram vs The State Of Bihar on 26 March, 2025
Author: Shailendra Singh
Bench: Shailendra Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1441 of 2023
Arising Out of PS. Case No.-93 Year-2021 Thana- TETERHAT District- Lakhisarai
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Subodh Ram, S/o Devi Lal Ram R/O Village- Maniar, P.S- Mohaddinagar,
District.- Samastipur.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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with
CRIMINAL APPEAL (SJ) No. 1490 of 2023
Arising Out of PS. Case No.-93 Year-2021 Thana- TETERHAT District- Lakhisarai
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Ajay Mahto @ Ajay Kumar Mahto Son Of Yogi Mahto R/V- Raspur Patasia,
P.S Mohaddinagar, Dist- Samastipur
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
(In CRIMINAL APPEAL (SJ) No. 1441 of 2023)
For the Appellant/s : Mr. Ashok Kumar Jha, Adv.
For the Respondent/s : Mr. Mukeshwar Dayal, APP
(In CRIMINAL APPEAL (SJ) No. 1490 of 2023)
For the Appellant/s : Mr. Ashok Kumar Jha, Adv.
For the Respondent/s : Mr. Ramchandra Singh, APP
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CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
9 26-03-2025I.A. No. 1 of 2025 (in Ref. Cr. Appeal (SJ) No. 1441 of 2023 & I.A. No. 1 of 2025 (in Ref. Cr. Appeal (SJ) No. 1490 of 2023.
1. Heard Mr. Ashok Kumar Jha, learned counsel for the appellants and Mr. Mukeshwar Dayal and Mr. Ramchandra Patna High Court CR. APP (SJ) No.1441 of 2023(9) dt.26-03-2025 2/5 Singh, learned APPs for the State.
2. The interlocutory applications have been filed by the appellants for getting the relief under section 430(1) of B.N.S.S. The appellant namely, Subodh Ram has preferred I.A. No. 1 of 2025 in Cr. App. (SJ) No. 1441 of 2023 and the appellant namely, Ajay Mahto @ Ajay Kumar Mahto has preferred I.A. No. 1 of 2025 in Cr. App. (SJ) No. 1490 of 2023 and they have preferred their respective appeal against the judgments of conviction dated 17.02.2023, order of sentence dated 20.02.2023 and judgment of conviction dated 24.01.2023 and order of sentence dated 27.01.2023 respectively passed by the Court of learned Additional Sessions Judge-V-cum- Exclusive Special Judge Excise-II, Lakhisarai, in connection with Tetarhat P.S. Case No. 93A of 2021 and 93 of 2021 arising out of the same matter respectively whereby and whereunder the appellants have been convicted by the same court considering the same evidences for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act and sentenced for the said offence.
3. Mr. Ashok Kumar Jha, learned counsel for both the appellants submits that the first prayer of both the appellants made by them under Section 389(1) of Cr.P.C. was Patna High Court CR. APP (SJ) No.1441 of 2023(9) dt.26-03-2025 3/5 rejected by this court vide order dated 16.01.2024 passed jointly and in that order both the appellants were given a liberty to renew their prayer after one year, if their appeal is not taken up for hearing in the said period and in the light of the said liberty, they have renewed their prayer for relief under Section 430(1) of B.N.S.S. It is submitted by learned counsel that both the appellants have been languishing in jail since 26.08.2021 and they have served about three years and six months in jail against major punishment of ten years awarded upon them for the offence under section 30(a) of Bihar Prohibition and Excise Act and there is no chance of early hearing of their appeal as the same relate to the year 2023 and the instant matter relates to recovery of liquor from a vehicle and as per the investigating officer, six accused persons remained involved in trafficking the alleged liquor but the police charge-sheeted the appellants only and consequently, they were convicted and sentenced and both the appellants are poor persons and depend upon their livelihood as drivers and merely on account of their presence in the alleged vehicle they were made accused.
4. Learned APPs appearing for the State has opposed the prayer of the appellants and submits that the instant matter relates to the recovery of the huge quantity of liquor and both Patna High Court CR. APP (SJ) No.1441 of 2023(9) dt.26-03-2025 4/5 the appellants were caught red-handed with the seized liquor and there is serious allegation against the appellants. The learned APPs have chosen the written objection which were earlier filed by the State while opposing the first prayer of the appellants.
5. Considering the aforesaid submissions and mainly taking into account the period of custody which the appellants have undergone till date and also unlikelihood of their appeals to be taken up for hearing in near future, this court is inclined to grant the appellants a relief under section 430(1) of B.N.S.S. Accordingly, let the appellants namely, Subodh Ram and Ajay Mahto @ Ajay Kumar Mahto be enlarged on bail during the pendency of their respective appeal on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-V-cum- Exclusive Special Judge Excise-II, Lakhisarai, in connection with Tetarhat P.S. Case No. 93A of 2021 and 93 of 2021 respectively.
6. The sentence awarded upon the appellants shall remain suspended during the pendency of these appeals.
7. In result, I.A. No. 1 of 2025 (in Ref. Cr. Appeal (SJ) No. 1441 of 2023 & I.A. No. 1 of 2025 (in Ref. Cr. Appeal Patna High Court CR. APP (SJ) No.1441 of 2023(9) dt.26-03-2025 5/5 (SJ) No. 1490 of 2023 stand allowed.
Cr. Appeal (SJ) No. 1441 of 2023 & Cr. Appeal (SJ) No. 1490 of 2023
8. List these appeals under appropriate heading in due course.
(Shailendra Singh, J) Rajiv/-
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