Banti Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11785 of 2020 Arising Out of PS. Case No.-350 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Jamui ====================================================== Banti Ram S/o Late Shambhu Ram R/o Mohalla- Bhukhar Mohalla, P.S. and District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Parasar, Adv.

For the Opposite Party/s :

Mr. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-06-2020 Heard learned counsel for the petitioner and learned A.P.P for the State, through video conferencing.

The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Case no. 350c2 of 2019 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the prosecution report, it is stated that on a secret information having been received, a tempo was stopped and searched and a total of 181 litres of liquor was recovered. It is further stated that the driver of the tempo was arrested and another accused, petitioner herein who was escorting the tempo managed to escape.

It is submitted by learned counsel for the petitioner that the allegation as levelled is false and concocted. Neither the

Patna High Court CR. MISC. No.11785 of 2020(2) dt.11-06-2020 2/2 petitioner was escorting the tempo nor is he owner of the same. He has no concern with the seized liquor and has no criminal antecedent.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the aforesaid facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The petitioner, in the event of his arrest/surrender within eight weeks, is directed to be enlarged on bail in connection with Case no.350c2 of 2019 on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-II, Jamui, subject to the condition stipulated under section 438(2) Cr.P.C. (Partha Sarthy, J) Bibhash/- U T