Dasarath Ram @ Bharat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31451 of 2023 Arising Out of PS. Case No.-183 Year-2023 Thana- ARA NAGAR District- Bhojpur ====================================================== 1.

DASARATH RAM @ BHARAT KUMAR SON OF RAJENDRA RAM Resident of Village-Sapana Cinema Ambekdar Colony Ara, Police StationAra Nagar, District-Bhojpur 2.

DASAI RAM SON OF RAJENDRA RAM Resident of Village- Sapana Cinema Ambekdar Colony Ara, Police Station-Ara Nagar, District-Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Madan Kumar, APP ====================================================== 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 Section 30(a) 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 30 liters of liquor from the house of the petitioners. 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 even the alleged recovery is from a house which is a joint family property and as such, it cannot be alleged with certainty that it was the petitioners who had kept the liquor in

Patna High Court CR. MISC. No.31451 of 2023(2) dt.23-05-2023 2/2 the house or the liquor kept in the house was within their knowledge. It is next submitted that petitioners being own brother came to be implicated without holding a proper investigation, when admittedly they are 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 Ara Nagar P.S. Case No. 183 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Adnan/- U T