Rambhu Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42778 of 2024 Arising Out of PS. Case No.-37 Year-2024 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== Rambhu Bind S/o Dukhharan Bind R/o village-Bindpurwa(Khudura), P.S.- Nuaon, District-Kaimur at Bhabua ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Parwej Khan, Advocate For the Opposite Party/s :
Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Ramgarh (Nuaon) P.S. Case No.37 of 2024 instituted under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, on seeing the police party near Konharba Baba Temple in front of pond, the petitioner, who was hanging a white plastic bag in his hand, fled away throwing his bag. On search made by police, 4.800 litres country made liquor was recovered from the bag of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.42778 of 2024(2) dt.10-07-2024 2/2 case due to enmity with the local chowkidar. The petitioner was not present at the spot and the seized liquor does not belong to the petitioner. The petitioner has no criminal antecedent and he is ready to cooperate in the investigation and the trial.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the 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 petitioner 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 learned Exclusive Special Judge Excise No.1, Kaimur at Bhabua in connection with Ramgarh (Nuaon) P.S. Case No.37 of 2024 subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) Harish/- U T