Patna High CourtCR. MISC./12395/2020bail granted

Bhuar Ram v. The State Of Bihar

2020-07-23Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12395 of 2020 Arising Out of PS. Case No.-137 Year-2019 Thana- SIKRAUL District- Buxar ====================================================== Bhuar Ram S/o Jamhu Ram, Resident of Village- Belaon, P.S.- Sikraul, DisttBuxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Ashraf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 23-07-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through Video Conferencing.

In this case, the petitioner is seeking anticipatory bail in connection with Sikraul P.S. Case No. 137 of 2019 registered for offence punishable under section 30(a) of the Bihar Prohibition Excise (Amendment) Act, 2018.

In the present case, the petitioner was coming on a motor cycle bearing Registration No. BR-03V-4617 and on search, the police recovered 24.480 litres of English wine from a plastic bag. The petitioner was identified by the persons of the locality.

The learned counsel for the petitioner submits that submits that the petitioner is not the owner of the said motor cycle and other co-accused has been granted anticipatory bail by

Patna High Court CR. MISC. No.12395 of 2020(2) dt.23-07-2020 2/2 this Court.

Looking to the quantity of liquor and the petitioner having no criminal history, the prayer for bail of the petitioner is allowed and he, in the event of arrest or surrender before the court below within six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judge-cum-Special Judge, Excise, Buxar in connection with Sikraul P.S. Case No. 137 of 2019 , subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence.

The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. If the petitioner is found involved in similar type of allegation in future, the prosecution will have liberty to file an application for cancellation of his bail bond.