Ramadhar Prasad Chaurasia v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37225 of 2024 Arising Out of PS. Case No.-7 Year-2024 Thana- HASPURA District- Aurangabad ====================================================== Ramadhar Prasad Chaurasia, aged about 61 years (M), Son of Roopchand Chaurasia, resident of village- Fatehpur, P.S. Haspura, Dist. - Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhat Ranjan Singh, Advocate For the Opposite Party/s :
Mr. Kumar Ranjit Ranjan, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 26-06-2024 Heard Mr. Prabhat Ranjan Singh, learned counsel appearing on behalf of the petitioner and Mr. Kumar Ranjit Ranjan, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Haspura P.S. Case No. 07 of 2024 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act as amended up-to-date.
3. Allegation is of recovery of 4 litres of Mahua liquor from a motorcycle bearing Registration No. BR 26A 2089.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.37225 of 2024(2) dt.26-06-2024 2/3 petitioner submits that the petitioner is innocent and he has falsely been implicated in the case. They have no concern either with the seized liquor or trade of liquor in any manner. Petitioner is the owner of the motorcycle from which the liquor was recovered, however, the same was being driven by one Shrawan Kumar, who is the named accused. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently has opposed the prayer for grant of pre-arrest bail to the petitioner.
6. Considering the nature of allegation against the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise II, Aurangabad, Bihar, in connection with Haspura P.S. Case No. 07 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
7. The Court below is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph
Patna High Court CR. MISC. No.37225 of 2024(2) dt.26-06-2024 3/3 no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T