Vinod Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7098 of 2025 Arising Out of PS. Case No.-634 Year-2024 Thana- GARDANIBAG District- Patna ====================================================== Vinod Ram Son of Bhagi Ram village- New Ambedkar Colony, Yarpur, PsGardanibag, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-03-2025

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 Gardanibag Police Station Case No. 634 of 2024, dated 22.11.2024, disclosing offence under Sections 30(a)/34/36 of the Bihar Prohibition and Excise Act, 2016.

3. The prosecution case, as per the First Information Report, is that the police, on secret information that the petitioner is selling liquor in his hut, raided the place of occurrence and on seeing the police, one person fled away. On search of the hut, the police recovered 19.9 litres of illicit liquor.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the disclosure of his name by the spy. He

Patna High Court CR. MISC. No.7098 of 2025(2) dt.22-03-2025 2/3 further submits that the petitioners is not the owner of the hut, from where illicit liquor has been recovered. He further submits that the petitioner has got no criminal antecedent.

5. Regards being had to the submission advanced on behalf of the parties concerned and taking into consideration the fact that from perusal of the First Information Report and the seizure list, it is apparent that the illicit liquor has been recovered from the hut of the petitioner. Accordingly, on perusal of the First Information Report and the seizure list, a prima facie case is made out against the petitioner and in view of the Full Bench decision of this Court, in Criminal Appeal (S.J.) No. 431 of 2019 (Ram Vinay Yadav v. The State of Bihar), I am not inclined to exercise my discretion for grant of anticipatory bail to petitioner.

6. This application is, accordingly, dismissed.

7. However, if the petitioner surrenders before the concerned Court and seeks regular bail, the same may be considered by the concerned Court on its own merit, if possible on the same date, without being prejudiced by the rejection of the present anticipatory bail application of

Patna High Court CR. MISC. No.7098 of 2025(2) dt.22-03-2025 3/3 the petitioner by this Court.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √