Sanjay Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12871 of 2025 Arising Out of PS. Case No.-53 Year-2022 Thana- OBRA District- Aurangabad ====================================================== 1.

Sanjay Ram S/O Ramchandra Ram R/O Village- Mahadeva, P.S- Obra, Distt.- Aurangabad (Bihar).

2.

Pappu Paswan S/O Ambika Paswan R/O Village- Mahadeva, P.S- Obra, Distt.- Aurangabad (Bihar).

3.

Gowardhan Yadav S/O Munshi Yadav R/O Village- Mahadeva, P.S- Obra, Distt.- Aurangabad (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aman Vishal For the Opposite Party/s :

Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-04-2025

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2022.

3. Learned counsel for the petitioners submits that petitioners have antecedent of one case and allegation is of recovery of 40 litres of liquor from a place behind a bush. It is next submitted that petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and even alleged recovery is from a place which does not

Patna High Court CR. MISC. No.12871 of 2025(2) dt.02-04-2025 2/3 belong to the petitioners and is accessible to public at large and they came to be implicated based on secret information which is the easiest way to implicate someone. It is also submitted that once an accused is implicated in a case relating to excise the police starts implicating mechanically without holding a proper investigation.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

5. 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 from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.5000/- (Rupees five thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Obra P.S. Case No.53/2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

6. It is made clear that thereafter the learned trial court shall verify the criminal antecedents of the petitioners and in the event if it is found that petitioners have antecedent of more than one case, in that event, the provisional anticipatory bail order

Patna High Court CR. MISC. No.12871 of 2025(2) dt.02-04-2025 3/3 shall not be confirmed but if on verification it is found that petitioners have antecedent of one case, in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) amit/- U T