Amarjeet Ram @ Amarjeet Kumar Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31526 of 2024 Arising Out of PS. Case No.-27 Year-2024 Thana- UJIYARPUR District- Samastipur ====================================================== Amarjeet Ram @ Amarjeet Kumar Ram Son of Late Hare Krishn Ram Resident of Village- Chandauli, Ward No- 7 , P.S- Ujiarpur, Dist- Samastipur ... ... Petitioner/s
Versus
The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lakshmindra Kumar Yadav, Advocate For the Opposite Party/s :
Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-05-2024 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Ujiarpur P.S. Case No. 27 of 2024 for the offence under sections 30(a) of Bihar Prohibition and Excise Act lodged on 01.02.2024 by the informant, Saifullah Ansari.
3. As per the prosecution story, on secret information, the police raided the hut of the petitioner and recovered/seized 5 liters of country made liquor. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that it is an abundant place, certainly does not belong to him, the locals due to enmity, have implicated them and further, he do not have criminal antecedent.
5. Learned APP opposes the prayer.
6. Taking into account the submissions put forward by
Patna High Court CR. MISC. No.31526 of 2024(2) dt.22-05-2024 2/3 the parties as also the fact that the recovery/seizure is from an open place, the petitioner do not have criminal antecedent, this Court is inclined to extend him the privilege of anticipatory bail with conditions.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Exclusive Special Judge, Excise 1st, Samastipur, in connection with Ujiarpur P.S. Case No. 27 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
Patna High Court CR. MISC. No.31526 of 2024(2) dt.22-05-2024 3/3 (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) kiran/- U T