Rikhdev Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13773 of 2024 Arising Out of PS. Case No.-746 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== 1.

Rikhdev Ram Son Of Late Indrasan Ram @ Late Ingrasan Ram Resident Of Village - Manikpur, Ps- Harsidhi, Distt- East Champaran 2.

Udesh Ram @ Upesh Ram Son Of Late Butai Ram Resident Of Village - Manikpur, Ps- Harsidhi, Distt- East Champaran 3.

Muna Ram Son Of Udesh Ram Resident Of Village - Manikpur, PsHarsidhi, Distt- East Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Rashmi Jha For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-03-2024

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the allegation is of recovery of 20 litres of liquor from a place near bank of a canal.

4. The learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was

Patna High Court CR. MISC. No.13773 of 2024(2) dt.07-03-2024 2/2 recovered from their conscious possession and even alleged recovery is from a place, which is accessible to public at large and do not belong to the petitioners and they came to be implicated at the instance of Chaukidar with whom they are on an inimical term.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on their furnishing bail-bonds in the sum of Rs.500/- (Rupees Five Hundred) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No.1, Motihari, East Champaran in connection with Harsidhi P. S. Case No.746 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T