Suraji Ram And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9283 of 2019 Arising Out of PS. Case No.-67 Year-2018 Thana- SHEKHPURA District- Sheikhpura ======================================================

1. SURAJI RAM, Gender Male, Aged 40 years, S/o Kesho Ram, Resident of village- Murarpur P.S.- Korma District- Sheikhpura

2. Shankar Ram (male), Aged 45 years S/O Kesho Ram ,Resident of VillageMurarpur P.S. Korma, District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Anjani Pd. Singh For the Opposite Party/s :

Mr.Ahtasham Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-02-2019 Heard the learned counsel for the petitioners and learned counsel for the State.

The petitioners seek anticipatory bail in connection with Sheikhpura PS case no. 67 of 2018 registered for the offences punishable under Section 30(a) of Bihar Prohibition of Excise Act, 2016.

The allegation is regarding recovery of 15 liters of country made liquor from a lane situated near the community hall.

The learned counsel for the petitioners submits that the petitioners have been falsely implicated and thepetitioners have a clean antecedent. It is further submitted that no recovery has been made from the conscious possession of the petitioners,

Patna High Court Cr.Misc. No.9283 of 2019(3) dt.21-02-2019 2/2 hence no offence is made out under the provisions of Bihar Prohibition & Excise Act, 2016.

Having regard to the facts and circumstances of the case, in the event of arrest or surrender within six weeks before the concerned court, the petitioners, above named, are directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 2nd Additional District & Sessions Judge, Sheikhpura in connection with Sheikhpura PS case no. 67 of 2018, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) Tiwary/- U T