Ram Prawesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35751 of 2024 Arising Out of PS. Case No.-93 Year-2024 Thana- GHORASAHAN District- East Champaran ====================================================== RAM PRAWESH SINGH S/O LATE BHOLA SINGH R/O VILLAGELAXMIPUR LOKHAN, P.S- GHORASAHAN, DISTT.- EAST CHAMPARAN.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Subodh Kumar Barnwal, Advocate For the State :

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-07-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 59.70 litres Nepali kasturi liquor has been recovered from field of one Mangal Prasad, which is alleged to have been thrown by this petitioner.

4. It is submitted by learned counsel appearing on behalf of the petitioner that nothing has been recovered from the conscious possession of this petitioner and he has been made an accused in this case merely on suspicion. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State has opposed the prayer

Patna High Court CR. MISC. No.35751 of 2024(3) dt.31-07-2024 2/2 for grant of anticipatory bail to the petitioner.

6. Considering the aforesaid facts and circumstances, the fact that no incriminating article has been recovered from conscious possession of this petitioner and clean antecedents, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 3, East Champaran, Motihari, in connection with Ghorasahan P.S. Case No. 93 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashank/- U T