Ram Kishun Kumar @ Ram Krishn v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6519 of 2025 Arising Out of PS. Case No.-356 Year-2024 Thana- PATEPUR District- Vaishali ====================================================== Ram Kishun Kumar @ Ram Krishn Son of Late Omkaar Singh Resident of Village - Salempur Shalakhani, P.S. - Patepur, District - Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suruchi Anand, Adv.

For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 19-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Patepur P.S. Case No. 330 of 2024 dated 18.11.2024, instituted for the offence punishable under Sections 30(a), 32(2) and 41(1) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. The allegation is of recovery of 873 litres of illicit wine from a pick up van standing near Dalan of the petitioner situated in Brahmasthan.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that nothing has been recovered either from conscious possession or from the house of the petitioner, rather, the said illicit wine was recovered from a pickup van, which does not belong to the petitioner. It is submitted that petitioner is

Patna High Court CR. MISC. No.6519 of 2025(2) dt.19-02-2025 2/2 neither the owner nor the driver of the said pick up van. Only on the basis of suspicion and disclosure made by the local Chowkidar, the petitioner has been made accused in this case. It is also submitted that petitioner has no concern either with seized articles or with the seized vehicle. Lastly, it has been submitted that he has no criminal antecedent.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Patepur P.S. Case No. 330 of 2024, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Prohibition and Excise Court-II-cumAdditional Sessions Judge, Vaishali at Hajipur, subject to condition as laid down under Section 438(2) of the Cr.P.C.. (Khatim Reza, J) prabhat/- U T