Ajay Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9684 of 2020 Arising Out of PS. Case No.-304 Year-2019 Thana- NARHATT District- Nawada ====================================================== Ajay Ram (male) aged about 30 years, S/o Late Ganauri Ram, Resident of VillageOlipur, P.S. Narhat, District - Nawada. ... ... Petitioner

Versus

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

For the Petitioner/s : Mr. Krishna Deo Raj, Adv.

For the Opposite Party/s :

Mr. Shakir Ahmad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-08-2020 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Narhat P.S. Case No. 304 of 2019 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016. As per allegation in the FIR, on secret information having been received, raid was conducted in the house of the petitioner but no incriminating material was recovered. On seeing the police personnel, the petitioner managed to escape. It is further stated that on further search being conducted, in front of the house of the petitioner, a total of 14 litres of mahua liquor was found hidden between the bricks.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.9684 of 2020(2) dt.26-08-2020 2/3 that from perusal of the FIR itself no incriminating material has been recovered from the house of the petitioner. The alleged place of recovery is in front of the house of the petitioner which is accessible to all. The petitioner has no concern with the seized liquor. He has no criminal antecedent.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner including the petitioner having no criminal antecedent, the Court is inclined to enlarge the petitioner on anticipatory bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Narhat P.S. Case No. 304 of 2019, he shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-II-cum-Special Court, Nawada subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Partha Sarthy, J) sushma/- U T

Patna High Court CR. MISC. No.9684 of 2020(2) dt.26-08-2020 3/3