Ram Autar Rai @ Ram Avtar Rai @ Ramavtar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11320 of 2025 Arising Out of PS. Case No.-258 Year-2024 Thana- Excise P.S. District- Rohtas ====================================================== Ram Autar Rai @ Ram Avtar Rai @ Ramavtar Rai S/O Late Shyam Sundar Rai R/O Vill.- Lahuwar, P.S.- Zamania, Dist.- Ghazipur, UP. ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhimanyu Deo For the Opposite Party/s :
Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-04-2025
1. Heard the parties.
2. The petitioner apprehends his arrest in connection with Excise P.S. Case No. 258 of 2024 dated 22.07.2024 registered under Sections 30 (a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case on 21.07.2024 the police got secret information that huge quantity of illicit liquor was being brought by a tractor near village Bahtutiya. On the basis of secret information the police reached the place of occurrence and saw that one tractor was standing there. Upon seeing the police party the accused persons started fleeing away and succeeded in the same. Upon search a total quantity of 351 liters of country made liquor has been recovered from the trolley of the tractor.
4. Learned counsel for the petitioner submits that petitioner
Patna High Court CR. MISC. No.11320 of 2025(2) dt.02-04-2025 2/2 has been made accused on the ground of him being the owner of the seized tractor. The tractor was being plied on hire basis and by agreement dated 11.06.2024 the tractor was given on rent to Bablu Kannaujiya for plying which would be evident from annexure: P/3. The petitioner is having no criminal antecedent.
5. Regard being had to the submission made by the parties, taking into consideration the justification given by the petitioner and the fact petitioner is having no criminal antecedent, as such, I am inclined to grant anticipatory bail to the petitioner.
6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise-I, Rohtas at Sasaram in connection with Excise Case No. 258 of 2024 subject to the condition as laid down under Section 482 (2) of the B.N.S.S., 2023.
(Anil Kumar Sinha, J) praful/- U T