Domru Ram @ Damru Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31813 of 2025 Arising Out of PS. Case No.-81 Year-2023 Thana- PALASI District- Araria ====================================================== Domru Ram @ Damru Ram S/o Natwar Ram R/o Vill.- Belgachhi, W. No.- 12, Pipra (Bejwar), P.S.- Palasi, Distt.- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 19-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

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

3. The perusal of the first information report and the seizure list would go to show that a total of 22.8 litres of Nepali liquor kept in a sack has been recovered from one motorcycle whereas the rider of the motorcycle managed to flee away.

4. Learned counsel for the petitioner submits that the petitioner was not named in the FIR and his name subsequently transpired during course of investigation on account of the fact that he happens to be the owner of the seized motorcycle. It has further been submitted that the motorcycle of

Patna High Court CR. MISC. No.31813 of 2025(3) dt.19-06-2025 2/2 the petitioner has been taken away by a friend for some work and the petitioner has no knowledge that the same has been put up to illegal use. There is no recovery from the personal or conscious possession of the petitioner. The petitioner has no criminal antecedent.

5. Learned APP for the State opposes for prayer for bail.

6. In view of the aforesaid facts of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Palasi P.S. Case No.81 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District and Additional Session Judge Cum Exclusive Special Excise Judge-II, Araria, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.

(Soni Shrivastava, J) ajay/- U T