Ram Prasad @ Ram Prasad Kumar @ Ram Prasad Singh @ Lola v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41036 of 2023 Arising Out of PS. Case No.-21 Year-2023 Thana- PIRI BAZAR District- Lakhisarai ====================================================== Ram Prasad @ Ram Prasad Kumar @ Ram Prasad Singh @ Lola, S/O Ashok Singh R/O Village- Abhaipur (MASUDAN), Ps. Piri Bazar, Dist. Lakhisarai ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Dinkar Raj Bhandari For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a) and 37(i) of the Excise Act.

The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and the allegation is of recovery of 10 litres of liquor from the house of Lohra Saha, 20 litres of liquor from the house of Balram Saha, 20 litres of liquor from the orchard of Gango Mandal.

The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that petitioner is not related with any of the accused from whose

Patna High Court CR. MISC. No.41036 of 2023(2) dt.04-07-2023 2/2 house the liquor was recovered. It is next submitted that he came to be implicated based on confessional statement of Jai Shankar Kumar in police custody, which does not have any evidentiary value.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IV-cumSpecial Excise Court-1, Lakhisarai in connection with Piri Bazar P. S. Case No.21 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T