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Patna High CourtCR. MISC./31595/2023bail granted

Amirak Ravidas v. The State Of Bihar

2023-05-23Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31595 of 2023 Arising Out of PS. Case No.-778 Year-2022 Thana- AKBARPUR District- Nawada ====================================================== 1.

AMIRAK RAVIDAS Son of Prakash @ Pragash Ravidas R/V- Laxman Nagar, PS- Akbarpur, Dist- Nawada 2.

Pradip Ram @ Pradip Rajvanshi Son of Saukhi Ram @ Saukhi R/VLaxman Nagar, PS- Akbarpur, Dist- Nawada 3.

Raghu Ram Son of Rama Rajwar @ Rama Ram R/V- Binowa Nagar, PSAkbarpur, Dist- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Verma For the Opposite Party/s :

Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 30(a) and 30(d) of the Bihar Excise Act.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and allegation is of recovery of 140 liters of liquor along with 600 liters of soaked Mahua and utensils recovered from Kolwa hills. Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession, it is next submitted that even the alleged recovery is from a place which

Patna High Court CR. MISC. No.31595 of 2023(2) dt.23-05-2023 2/2 is accessible to public at large and the petitioner came to be at the instance of Chowkidar. It is submitted that it appears that the Chowkidar, in order to save the real culprits, falsely implicated the petitioners when admittedly, they are the persons with clean antecedent.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Akbarpur P.S. Case No. 778 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T