Shivnath Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13164 of 2025 Arising Out of PS. Case No.-183 Year-2024 Thana- SRINAGAR District- West Champaran ====================================================== Shivnath Ram S/O Late Basudev Ram @ Late Basdev Ram R/O VillageBhawanipur, P.S- Srinagar, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Gupta, Adv For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 02-04-2025 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends his arrest in connection with Srinagar P.S. Case No. 183 of 2024 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act.

3. From perusal of the first information report as also the seizure list, it would appear that recovery of 3.8 liters of liquor has been made from the sugar cane field and from the hut.

4. learned counsel for the petitioner submits that nothing has been recovered from conscious possession of the petitioner or from his house and the seizure list would show that the said house does not belong to the petitioner. It has further been submitted that the hut from which recovery has been made, adjacent to the house of the petitioner, is accessible to other

Patna High Court CR. MISC. No.13164 of 2025(2) dt.02-04-2025 2/2 family members also. It is further submitted that the name of the petitioner has been disclosed by Mahal Chaukidar.

5. Learned APP for state submits that the petitioner is an accused in two cases of the same nature. However, learned counsel for the petitioner submits that he is on bail in both the cases.

6. Considering the facts and circumstances and , I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, in the event of his arrest/ surrender within a period of four weeks from today the petitioner shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand)with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise, Bettiah, West Champaran in Srinagar P.S. Case No. 183 of 2024, subject to condition as laid down under Section 438(2) of the Cr.P.C and subject to the further condition that (i) the petitioner shall co-operate in investigation/ trial.(ii) the learned court shall verify the criminal antecedent of the petitioner before releasing him on bail.

N.K/- (Soni Shrivastava, J) U T