Ramjee Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6789 of 2025 Arising Out of PS. Case No.-518 Year-2024 Thana- SHIVSAGAR District- Rohtas ====================================================== Ramjee Kumar Son of Late Dasharath Ram Resident of village -Torani, P.S. -Sheosagar, District -Rohtas at Sasaram ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajani Kant Pandey, Advocate For the Opposite Party/s :
Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-03-2025
1. 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 Shivsagar Police Station Case No. 518 of 2024, disclosing offences under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
3. As per the prosecution case, the Police got secret information on 03.12.2024 that the petitioner was indulged in the selling of illicit liquor from his shanty. Upon such information, Police proceeded towards the place of occurrence and upon seeing the Police party one person fled away from the hut. Local chaukidar disclosed the person who fled away as the petitioner. The Police recovered 30.600 liters of illicit liquor from the hut.
4. Learned Counsel for the petitioner submits that the petitioner is having no criminal antecedent and from the seizure
Patna High Court CR. MISC. No.6789 of 2025(2) dt.18-03-2025 2/2 list it does not appear that the liquor has been recovered from the hut inasmuch as place of recovery has been mentioned as VillageTorani, P.S.- Shivsagar, District- Rohtas. The hut from where the liquor has been recovered does not belong to the petitioner.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the place of recovery as mentioned in the seizure list which does not show that the liquor has been recovered from the hut of the petitioner and petitioner is having no criminal 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) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No.2 Cum District & Additional Sessions Judge, Rohtas at Sasaram, in connection with Shivsagar P.S. Case No. 518 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) ajay/- U T