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Patna High CourtCR. MISC./11058/2025bail granted

Abhishek Kumar Ram @ Abhishek Ram @ Saif Kumar v. The State Of Bihar

2025-03-18Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11058 of 2025 Arising Out of PS. Case No.-355 Year-2023 Thana- MIRGANJ District- Gopalganj ====================================================== Abhishek Kumar Ram @ Abhishek Ram @ Saif Kumar S/o Harendra Ram R/o vill - Ganarappa, P.S.- Nautan, Distt.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Lokesh Kumar Singh, Advocate For the State :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-03-2025 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 414 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

3. As per prosecution case, 371.85 litres illicit foreign liquor was recovered from a Scorpio vehicle.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from conscious possession of this petitioner and he has been made an accused in this case merely on suspicion. Petitioner is neither owner nor driver and he has got no connection with the vehicle in question. Petitioner has got one criminal antecedent of similar

Patna High Court CR. MISC. No.11058 of 2025(2) dt.18-03-2025 2/2 nature in which he is already on bail.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the aforesaid facts and circumstances, nature of accusation and the fact that no incriminating article has been recovered from conscious possession of this petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner 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 Sessions Judge-IVcum-Exclusive Special Excise Court No. II, Gopalganj in connection with Mirganj P.S. Case No. 355 of 2023, subject to condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T