Jay Ram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35000 of 2020 Arising Out of PS. Case No.-12 Year-2020 Thana- KASHICHAK District- Nawada ====================================================== Jayram Kumar son of Late Rabindra Singh R/o Village- Maharath, P.S.- Kashichak (Shahpur O.P.), District- Nawadah ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Advocate Mr.Bhaskar Shankar, Adv.

For the Opposite Party/s :

Mr.B.N.Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-03-2021 Heard both sides.

The petitioner apprehends his arrest in Kashichak P.S. Case No.12 of 2020 registered under Section 30(a) of Bihar Prohibition and Excise Act.

The informant disclosed that he got information with regard to keeping of liquor in the cowshed of Hareram Singh, son of late Rabindra Singh situated in village Mahrath, Thana Shahpur O.P., District-Nawada and on such information, raided the place and recovered huge quantity of liquor. One Dilkhush Kumar @ Oman Kumar was apprehended and he disclosed the name of Hareram Singh, Shree Ram Kumar and Jayram Kumar who managed to flee away.

The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.35000 of 2020(2) dt.18-03-2021 2/3 recovery was made from the cowshed of Hareram Singh. Of course, the petitioner is the own brother of Hareram Singh but the cowshed belongs to Hareram Singh and petitioner has no manner of concern with the cowshed of Hareram Singh. The name of the petitioner surfaced in the case in the confessional statement of Dilkhush Kumar. Shree Ram Kumar, one of the brothers of the petitioner whose name also surfaced in the case has already been granted anticipatory bail vide order dated 11.06.2020 passed in Cr. Misc. No.17826 of 2020 by a Coordinate Bench of this Court. The case of the petitioner stands exactly on the same footing.

Taking into consideration the facts that of course the name of the petitioner surfaced in the case in the confessional statement of Dilkhush Kumar and the recovery was made from the cowshed of Hareram Singh but Shree Ram Kumar whose name also surfaced in the confessional statement of Dilkhush Kumar has already been enlarged on anticipatory bail and the case of the petitioner stands on the same footing, let the petitioner, above named, in the event of his arrest or surrender within a period of four weeks be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Addl.

Patna High Court CR. MISC. No.35000 of 2020(2) dt.18-03-2021 3/3 Sessions Judge-cum-Special Judge, Nawada in connection with Kashichak P.S. Case No.12 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T