Ramesh Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6382 of 2025 Arising Out of PS. Case No.-104 Year-2021 Thana- DEODHA District- Madhubani ====================================================== Ramesh Kumar Ram S/o- Ramashish Ram Resident of Village- Barhi Ward No 10 Police Station-Jaynagar Dist- 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. Sanjay Kumar Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-03-2025 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Deodha Police Station Case No. 104 of 2021, disclosing offences under Sections 272, 273, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, as per the First Information Report, on 03.10.2021, informant along with other police personnel, proceeded from the police station for patrolling duty. In the meantime, they saw that five motorcyclists were carrying some luggage on their motorcycles. Upon seeing the police

Patna High Court CR. MISC. No.6382 of 2025(2) dt.18-03-2025 2/3 vehicle, they abandoned their motorcycle and fled away from the place of occurrence. On search, total 360 litres of illicit liquor has been recovered.

4. Learned Counsel for the petitioner submits that petitioner has falsely been implicated in this case only being the registered owner of the motorcycle. He further submits that he was not present at the spot and nobody has identified the petitioner at the place of occurrence. He further submits that petitioner had given his motorcycle to his relative for some urgent personal use and he had no knowledge regarding the nature of goods kept in the motorcycle. Petitioner is having clean antecedent.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the justification given by the petitioner that motorcycle was borrowed by his relative and petitioner is having clean antecedent, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the

Patna High Court CR. MISC. No.6382 of 2025(2) dt.18-03-2025 3/3 satisfaction of learned 2nd Additional Sessions Judge-cumSpecial Judge Excise at Madhubani, in connection with Deodha Police Station Case No. 104 of 2021, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) Siwani/- U T