Sikandar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35076 of 2023 Arising Out of PS. Case No.-337 Year-2022 Thana- AMNAUR District- Saran ====================================================== 1.

SIKANDAR RAM Son of Ganaur Ram Resident of Village- Dharaha Kala, Police Station- Amnour, District- Saran 2.

Pramod Ram @ Pramod Das Son of Dukhan Ram Resident of VillageDharaha Kala, Police Station- Amnour, district- Saran at present R/o of Village- Parsa, Police Station- Parsa Bazar, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha For the Opposite Party/s :

Mr. Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-06-2023 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 Sections 30 and 30(a) of the Bihar Excise Act.

Learned counsel for the petitioners submits that the petitioner No. 1 has antecedent of one case and petitioner No. 2 is a person with clean antecedent and allegation is of recovery of 319.600 liters of liquor from a jute bag concealed under a bridge near the bank of a river, further, two motorcycles were also seized.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.35076 of 2023(2) dt.21-06-2023 2/2 petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession, it is next submitted that even alleged recovery is from a place which does not belong to the petitioners and petitioners are not the owner of the seized vehicle and they came to be implicated by the Chowkidar with whom they are on an inimical term. 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. 10,000/- (Rupees Ten 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 Amnour P.S. Case No. 337 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T