Ramashish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16001 of 2024 Arising Out of PS. Case No.-332 Year-2023 Thana- NEMDARGANJ District- Nawada ====================================================== 1.

Ramashish Kumar Son Of Indradeo Yadav 2.

Lalu Yadav @ Lallu Yadav Son Of Kuleshwar Both Are Resident Of Village - Pandey Bigha, P.S. - Nemdar Ganj, District - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-03-2024

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

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 30(a), 30(d), 41 of the Bihar Prohibition and Excise Act, 2016.

3. The learned counsel for the petitioners submit that the petitioner no.1 is person with clean antecedent and petitioner no.2 has antecedent of one case and allegation is of recovery of 15 liters of liquor along with 500 liters of soaked Jawa Solution found wrapped in a white colour plastic gallon concealed underground.

4. It is next submitted that petitioners were not

Patna High Court CR. MISC. No.16001 of 2024(2) dt.13-03-2024 2/2 arrested from the spot as such nothing was recovered from the conscious possession and even alleged recovery is from a place which does not belong to the petitioner and is accessible to public at large and they came to be implicated at the instance of 'Chowkidar' with whom they are on an inimical term.

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

6. 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, 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 Exclusive Special Excise Judge, I, Nawada in connection with Nemdar Ganj P.S. Case No.332 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