Upendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49437 of 2025 Arising Out of PS. Case No.-64 Year-2025 Thana- AGRER District- Rohtas ====================================================== 1.

Upendra Ram Son of Bigau Ram, R/o Village-Mokar, P.S-Agrer, DistrictRohtas, Bihar. 2.

Dhanjee Kumar @ Dhanjay Kumar Son of Nagina Ram, R/o Village-Mokar, P.S-Agrer, District-Rohtas, Bihar.

3.

Pramila @ Parmila Devi Wife of Nagina Ram, R/o Village-Mokar, P.SAgrer, District-Rohtas, Bihar. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jai Prakash Singh, Advocate.

For the Opposite Party/s :

Mr. Ram Naresh Ray, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-08-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Agrer P.S. Case No.64 of 2025 instituted under Sections 191(2), 190, 126(2), 115, 132, 125(a), 125(b) of B.N.S. and Section 45, 37 of Bihar Prohibition and Excise Act.

3. As per the prosecution case, on secret information that co-accused Radheshyam Ram and his son Kamlesh Ram are involved in the business of illicit liquor, the Police went their house then the petitioners alongwith other co-accused persons have assaulted the police party.

4. Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.49437 of 2025(2) dt.19-08-2025 2/3 petitioners are innocent and have falsely been implicated in this case. He further submits that as per allegation in the F.I.R., the petitioners have prevented the police party to arrest the accused of other case, in which, the police party received injury. Learned counsel submits that the name of petitioner has been implicated in this case by the local Chaukidar only on the basis of suspicion. He further submits that there is no specific allegation or any overt act attributed to the petitioners and similarly situated co-accused persons have already been granted anticipatory bail by Co-ordinate Bench of this Court vide orders dated 23.06.2025 and 12.08.2025 passed in Cr. Misc. No.38559 of 2025 and Cr. Misc. No.54330 of 2025. Learned counsel submits that petitioner no.1 has one criminal antecedent and petitioner nos. 2 and 3 have no criminal antecedent and they undertake to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)

Patna High Court CR. MISC. No.49437 of 2025(2) dt.19-08-2025 3/3 each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise, Court No.1, Rohtas, Sasaram in connection with Agrer P.S. Case No.64 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. (Sunil Dutta Mishra, J) Ritik/- U T