Jay Ram Prasad @ Jairam Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14337 of 2024 Arising Out of PS. Case No.-288 Year-2023 Thana- MADHEPUR District- Madhubani ====================================================== JAY RAM PRASAD @ JAIRAM RAUT SON OF RAM KUMAR RAUT RESIDENT OF VILLAGE - PURE, P.S. - LAKHNAUR, DISTRICT - MADHUBANI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Jha, Advocate For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-03-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 272, 273 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 7.875 liters of liquor from a motorcycle.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even the seized motorcycle does not belong to the petitioner and he came to be implicated based on the confessional statement of Ramesh Mukhiya in police custody

Patna High Court CR. MISC. No.14337 of 2024(2) dt.11-03-2024 2/2 which does not have any evidentiary value.

5. The learned APP for the State opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.5000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise act, Jhanjharpur, Madhubani in connection with Madhepur P.S. Case No.288 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) Prakash Narayan U T