Sita Ram Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28661 of 2022 Arising Out of PS. Case No.-23 Year-2022 Thana- CHAND District- Kaimur (Bhabua) ====================================================== 1.

SITA RAM RAM Son of Late Girja Ram Resident of village - Chand, P.S.- Chand, District - Kaimur at Bhabua.

2.

Chavi Ram Son of Late Girja Ram Resident of village - Chand, P.S.- Chand, District - Kaimur at Bhabua.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dharmendra Kumar Singh, Advocate For the Opposite Party/s :

Mrs. Pushpa Sinha.1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-08-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through the virtual Court proceedings. Let the defect(s), if any, be removed within a period of four weeks.

The petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Learned counsel for the petitioners submits that petitioner no. 1 has antecedent of one case and petitioner no. 2 is a person with clean antecedent.

Allegation is of recovery of 9.900 litre of liquor from the wife (Abhiraj Devi) of petitioner no. 1 which she was carrying in a sack on her head.

Learned counsel for the petitioners submits that petitioners

Patna High Court CR. MISC. No.28661 of 2022(2) dt.12-08-2022 2/2 were not arrested from the spot, as such, nothing was recovered from their conscious possession. He further submits that name of the petitioners came in the confessional statement of co-accused Abhiraj Devi. He next submits that petitioner no. 1, who is husband of Abhiraj Devi came to be implicated merely because his wife was arrested and petitioner no. 2 is the brother-in-law. 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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Chand P.S. Case No. 23 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T