Rakesh Ram @ Rakesh Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30579 of 2020 Arising Out of PS. Case No.-51 Year-2020 Thana- BARHARIA District- Siwan ====================================================== RAKESH RAM @ RAKESH KUMAR RAM S/o Late Daroga Ram R/o Village-Rohra Mahuwa Tola, P.S.-Barhariya, Distt.-Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Y.C. Verma, Sr. Adv.

Mr. Anuj Kumar, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-01-2021 Heard learned senior counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Barhariya P.S. Case No. 51 of 2020, registered under sections 272, 273 and 34 of the Indian Penal Code and section 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016. As per allegation in the FIR, it is stated by the informant that on seeing the police personnel, some persons started to run. One accused namely, Suraj Kumar was arrested and disclosed the name of the other accused persons including the petitioner herein, who had managed to escaped. It is further stated that from a pick-up van, a total of 1235.520 litres of IMFL was recovered.

It is submitted by learned counsel for the petitioner that he has no concern either with the pick-up van from which

Patna High Court CR. MISC. No.30579 of 2020(2) dt.20-01-2021 2/2 the alleged recovery is stated to have taken place or with the seized articles. Besides the name of the petitioner transpiring in the statement of co-acused made before the police, there is no other material against him. He has no criminal antecedent. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner not having any criminal antecedent, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of six weeks from today and in the event of his arrest or surrender in connection with Barhariya P.S. Case no. 51 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judged 2nd-cumSpecial Judge Excise, Siwan subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Partha Sarthy, J) sushma/- U T