Ram Kumar Saday v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6885 of 2025 Arising Out of PS. Case No.-456 Year-2024 Thana- BABUBARHI District- Madhubani ====================================================== Ram Kumar Saday Son of Chhutharu Saday Resident of Village- Thalahi Barail, Police Station- Babubarhi, Distt.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar Sah, Advocate For the Opposite Party/s :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-03-2025 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Babubarhi PS case no. 456 of 2024 dated 18.10.2024, disclosing offences punishable under Sections 30(a)/37 of Bihar Prohibition and Excise Act. 3.

The prosecution story, as per the First Information Report, is that on 18.10.2024, police got secret information that co-accused Ramesh Saday along with petitioner and others have kept illicit liquor in his house. The police reached at the place of occurrence. Upon seeing the police party, some persons started fleeing away, however one person was arrested carrying 10 liters of illicit liquor in a gallon and others succeeded in

Patna High Court CR. MISC. No.6885 of 2025(2) dt.21-03-2025 2/3 fleeing away. The arrested accused person disclosed the name of the petitioner.

4.

Learned Counsel for the petitioner submits that petitioner is having no criminal antecedent and he has been made accused on the basis of disclosure made by the arrested accused person, who identified him as the person who succeeded in fleeing away. Learned counsel further submits that illicit liquor has not been recovered from the conscious possession of the petitioner and/ or premises belonging to him. 5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that petitioner is not having any criminal antecedent and illicit liquor has not been recovered from his conscious possession, I am inclined to grant the privilege of anticipatory bail to the petitioner.

6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cumSpecial Judge, Excise Act, Madhubani in connection with

Patna High Court CR. MISC. No.6885 of 2025(2) dt.21-03-2025 3/3 Babubarhi PS case no. 456 of 2024, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) rinkee/- U T