Ram Das Rishideo @ Ram Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36243 of 2019 Arising Out of PS. Case No.-52 Year-2019 Thana- KUMAR KHAND District- Madhepura ====================================================== RAM DAS RISHIDEO @ RAM DAS, Son of Late Hazari Rishideo Resident of Village - Dhurgaon Ward No. 08, P.S. and District - Madhepura ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Shekhar Kumar Singh For the Opposite Party/s :

Mr.Kanhaiya Kishore (App 100) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-08-2019 Petitioner seeks bail in anticipation of his arrest in connection with Kumarkhand P.S. Case No. 52 of 2019 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

Prosecution story is that while police was on patrolling duty he saw one Rajdoot motorcycle was coming and seeing the police party the motorcycle rider parked the motorcycle in front of house of one Motish Rishideo and fled away, who was identified by local Chaukidar as petitioner. It further appears that from search of motorcycle 3 litres of Mohua liquor was recovered.

Submission of learned counsel for the petitioner is that he has no criminal antecedent and has falsely been implicated at the instance of Chaukidar, with whom he has

Patna High Court CR. MISC. No.36243 of 2019(3) dt.14-08-2019 2/2 enmity from before and motorcycle does not belong to the petitioner.

Heard learned APP, who has opposed the prayer for anticipatory bail of the petitioner.

In view of above facts and circumstances, let petitioner, in the event of arrest or surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II-cum-Special Judge, Excise Act, Patna, in connection with Excise Case No. 462 of 2019, arising out of Kumarkhand P.S. Case No. 52 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) spal/- U T