Devendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28222 of 2019 Arising Out of PS. Case No.-145 Year-2019 Thana- MOTIPUR District- Muzaffarpur ====================================================== Devendra Ram, aged about 20 years (Male), son of Tilak Ram, Resident of Village- Rasulpur, Junaida, P.S.- Motipur, Dist.- Muzaffarpur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pandey For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 30-04-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Motipur P.S. Case No. 145 of 2019, registered for the offence under Sections 147, 148, 149, 341, 323, 504, 307, 353, 427, 120(B), 272, 273/34 of the Indian Penal Code and under Sections 30(a) and 38(1) of the Bihar Prohibition and Excise Act, 2016.

The Police has recovered about 7 liters of toddy and liquor from a hut, at that time, the people assembled there, created nuisance and tried to snatch the seized article from the Police and also attacked upon the Police party. Learned counsel for the petitioner submits that no specific allegation has been made against this petitioner and the

Patna High Court CR. MISC. No.28222 of 2019(2) dt.30-04-2019 2/2 petitioner has no criminal antecedent.

Considering the entire facts and circumstances of the case, let the above-named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise Act, Muzaffarpur, in connection with Motipur P.S. Case no. 145 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

However, at the time of accepting bail bonds, the court below would verify and assure itself regarding the criminal antecedent of the petitioner. If he is having clean antecedent, then his bail bond would be accepted. If he is found to be involved in any other case before filing of this application i.e. 27.04.2019 then his bail bond would not be accepted. (Shivaji Pandey, J) pawan/- U T