Patna High Court - Orders
Ranjan Dom @ Karmbir Dom @ Rajan Dom @ ... vs The State Of Bihar on 22 March, 2023
Author: Alok Kumar Pandey
Bench: Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.703 of 2023
Arising Out of PS. Case No.- Year-0 Thana- District- Rohtas
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RANJAN DOM @ KARMBIR DOM @ RAJAN DOM @ KARMBIR SON
OF CHHOTELAL DOM @ CHHOTELAL RAM R/O VILLAGE- MEAT
MARKET, NOKHA, P.S.- NOKHA, DISTRICT- ROHTAS AT SASARAM
... ... Appellant/s
Versus
THE STATE OF BIHAR BIHAR
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Babu Nandan Prasad
For the Respondent/s : Mr.Abhay Kumar
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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 22-03-2023Heard learned counsel for the appellant and learned counsel for the State.
Admit Call for the lower court records in connection with Non F.I.R. Nokha 64/2022 from the court of learned Exclusive Special Excise Court No. 2-cum-Additional District & Sessions Judge, Rohtas at Sasaram.
The present memo of appeal has been filed on behalf of the appellant against the impugned judgment/order dated 10.11.2022 passed by Exclusive Special Excise Court No. 2- cum-Additional District & Sessions Judge, Rohtas at Sasaram in connection with Non F.I.R. Nokha 64/2022 whereby and whereunder the appellant has been convicted and accordingly, Patna High Court CR. APP (SJ) No.703 of 2023(2) dt.22-03-2023 2/3 sentenced to undergo SI for a period of one year under Section 37 of Bihar Prohibition and Excise Act, 2016.
As per prosecution case, The convicted-appellant has consumed alcohol on 09.11.2022 and was caught at Nokha Bazar and the breath analysis test confirmed that the accused had consumed alcohol/liquor and 236.8 mg/100ml alcohol has been found.
Learned counsel for the appellant/convict submits the appellant has been sentenced to undergo for a period of one year under Section 37 of Bihar Prohibition and Excise Act, 2016. The appellant is in custody since 10.11.2022. Learned counsel further submits that only relying upon the Breath Analyzer Report and without giving an opportunity of hearing to the appellant to defend his case the learned Special Judge sentenced him in the present case. The police has not followed the rule of 100 Cr.P.C. Learned counsel further submits that the appeal is not likely to be heard in near future.
Learned A.P.P. for the State vehemently opposes the prayer for bail of the appellant and submits that the appellant was earlier convicted under Section 37 of Bihar Prohibition and Excise Act.
Considering the facts and circumstances of the case, Patna High Court CR. APP (SJ) No.703 of 2023(2) dt.22-03-2023 3/3 period of custody appellant has already undergone, appeal is not likely to be heard in near future, argument advanced on behalf of the parties as well as materials available on record, in the opinion of this Court it will be proper to enlarge the appellant on bail during pendency of the appeal.
Accordingly, let the appellant above-named be enlarged on bail during pendency of the appeal on furnishing bail bond of Rs. 10,000/- (Rupees ten thousands) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 2-cum-Additional District & Sessions Judge, Rohtas at Sasaram in Non F.I.R. Nokha 64 of 2022.
Sentence of the appellant is suspended during the pendency of the appeal.
The appellant is directed to co-operate this court in disposal of the appeal.
Put up the appeal under appropriate heading in due course after receipts of the lower court records.
(Alok Kumar Pandey, J) amitkr/-
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