Siya Ram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28071 of 2024 Arising Out of PS. Case No.-894 Year-2023 Thana- FATEHPUR District- Gaya ====================================================== SIYA RAM KUMAR S/O BALDEV YADAV R/O VILLAGE- CHARKA PATHAR, P.S- FATEHPUR, DISTT.- GAYA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umeshanand Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-05-2024 Heard learned counsel for the petitioner and Mr. Umeshanand Pandit, learned A.P.P. for the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 100 litres country made liquor has been recovered from the tempo.

4. Learned counsel for the petitioner submits that petitioner is innocent and his name surfaced in this case only on the basis of confessional statement of co-accused Nitish Kumar who was driver of the tempo in question. Petitioner is neither driver nor owner of the tempo from which the illicit liquor has been recovered. Petitioner claims clean antecedent.

5. Considering the aforesaid facts and circumstances

Patna High Court CR. MISC. No.28071 of 2024(2) dt.14-05-2024 2/2 of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Excise Court No. 04, Gaya in connection with Fatehpur P. S. Case No. 894 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T