Ramjee Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18751 of 2020 ========================================================= Ramjee Prasad aged about 52 years (male) son of Sadhu Prasad, resident of village-Kusaita, Police Station-Chiksaura, District-Nalanda ................

Petitioner

Versus

The State of Bihar ................. Opposite party ========================================================= Appearance For the Petitioner : Mr. Anil Kumar Singh, Advocate For the State : Mr. Binod Kumar, APP ========================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17.07.2020 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Chiksaura P.S. Case No. 86 of 2019 registered under section 30(a) of the of Bihar Prohibition and Excise Act, 2016. As per allegation in the F.I.R, it is submitted that on a raid being conducted 10 litres of country liquor was recovered from a corner of the dalan of the house of the petitioner. It is submitted by learned counsel for the petitioner that the allegation of recovery of liquor is false. All the accused persons in the F.I.R. are brothers and with the intention to falsely implicate them, the police has purposely shown recovery,

separately from each of them. The petitioner has no criminal antecedent.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and in the facts and circumstances of the case including the petitioner having no criminal antecedent, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Chiksaura P.S. Case No. 86 of 2019, he will be enlarged on bail on furnishing bail bond of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd Additional Sessions Judge-cum-Special Judge, Excise, Nalanda at Biharsharif, subject to the conditions as laid down in section 438 (2) of Criminal Procedure Code. (Partha Sarthy, J) Bibhash U T