Vinod Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19633 of 2022 Arising Out of PS. Case No.-13 Year-2022 Thana- PAHARPUR District- East Champaran ====================================================== 1.

Vinod Ram Son Of Lakhan Ram Resident Of Village - Kamal Pipra Tola, P.S.- Paharpur, Distt.- East Champaran.

2.

Chandeshwar Ram Son Of Rekha Ram Resident Of Village - Kamal Pipra Tola, P.S.- Paharpur, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act. There is recovery of 20 litres of country made liquor from a motorcycle and one person was apprehended from the spot who disclosed his name as Niraj Sahani. The name of the petitioners sprang up on his confessional statement.

Learned counsel for the petitioners seeks

Patna High Court CR. MISC. No.19633 of 2022(2) dt.13-10-2022 2/3 permission to withdraw the petition with regard to petitioner No. 2 namely Chandeshwar Ram S/O Rekha Ram Kumar since he has been arrested.

Permission is accorded.

Accordingly, the petition with regard to petitioner No. 2 is permitted to be withdrawn. It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The name of the petitioner came into light on the basis of confessional statement of the co-accused person. It is further submitted that petitioner is not concerned either with the seized illicit liquor or with the motorcycle in question.

In the facts and circumstance of the case, let the petitioners, above named, except petitioner No. 2, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of

Patna High Court CR. MISC. No.19633 of 2022(2) dt.13-10-2022 3/3 Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Motihari, East Champaran in connection with Paharpur P.S. Case No. 13 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) nirajkrs/- U T