Ram Swarth Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31270 of 2024 Arising Out of PS. Case No.-701 Year-2023 Thana- KUDHNI District- Muzaffarpur ====================================================== Ram Swarth Ram S/o Bihari Ram @ Lal Bihari Ram R/o vill - Deogan, P.S. - Kurhani (Fakuli O.P. ), Distt. - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nachiketa Jha For the Opposite Party/s :

Mrs.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Kudhani (Kudhni, Kudani) P.S. Case No. 701 of 2023, dated 13.12.2023, registered for the offences punishable under section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 20 litres of illicit country made liquor was recovered from the straw hut and the petitioner fled away, 500 ml. of illicit country made liquor was recovered from the house of co-accused Munni Devi.

4. Learned counsel for the petitioner has submitted hat the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.31270 of 2024(2) dt.25-04-2024 2/2 case. The petitioner has no criminal antecedent as stated in para3 of the bail petition. Local people disclosed the name of the petitioner in this case due to previous enmity. It is submitted that the petitioner is the owner of the said straw hut.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner and submitted that the alleged recovery is made from the straw hut of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, I am of the view that no case for grant of anticipatory bail is made out and the same is disposed of with direction to the petitioner to surrender before the Court below concerned within six weeks from the date of this order and the prayer for regular bail, the learned Court below shall consider his prayer for regular bail on the same day without being prejudiced by this order.

7. The application stands rejected.

(Chandra Prakash Singh, J) Ranjeet/- U T