Bhulati Ram @ Bhuleti Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5792 of 2020 Arising Out of PS. Case No.-1 Year-2020 Thana- EKANGARSARAI District- Nalanda ====================================================== BHULATI RAM @ BHULETI RAM, aged about 36 years, Male, Son of Late Bishuni Ram, Resident of Village-Kundavapar, P.S.-Ekangarsarai, DistrictNalanda ... Petitioner

Versus

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

For the Petitioner :

Mr. Rajeev Kumar, Adv.

For the Opposite Party :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 2 11-06-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state thorough video conferencing.

The petitioner seeks pre-arrest bail in connection with Ekangarsarai P.S. Case No. 1 of 2020, registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. In course of patrolling duty, the informant received information about selling the liquor by Madhu Kumar with the help of his friend Bhulati Ram (petitioner) in his rented room in the house of Sundardeo Prasad Singh in village Kundwapur, the informant, along with other police personnel, reached there. In front of the house, a green colour Ford Figo car, bearing registration no. WB-06F-3266, was seen. On search, one carton, containing 24 bottles, each containing 750 ml, two cartons, containing 12 bottles each of 180 ml of Indian made foreign liquor recovered. On search of the rented room six cartons, containing 12 bottles each and each bottle containing 750 ml, five cartons, containing 24 bottles, each bottle containing 375 ml, three cartons, containing 48 bottles, each bottle

Patna High Court CR. MISC. No.5792 of 2020(2) dt.11-06-2020 2/2 containing 180 ml of Indian made foreign liquor recovered. The persons present there also disclosed that the car was being used by the petitioner for carrying the liquor.

Submission is that the petitioner was not apprehended on spot and neither he is owner nor driver of the seized car. The petitioner has no criminal antecedent, but, due to ulterior motive he has been implicated in this case mere on suspicion. Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Ekangarsarai P.S. Case No. 1 of 2020 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge IIIcum-Special Judge, Excise, Nalanda at Biharsharif, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T