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Patna High CourtCR. MISC./42664/2024bail granted

Ram Bahadur Singh v. The State Of Bihar

2024-07-22Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42664 of 2024 Arising Out of PS. Case No.-52 Year-2024 Thana- RAHIKA District- Madhubani ====================================================== Ram Bahadur Singh Son of Ramchandra Singh R/O Vill.- Yogiya @ Pathrahi, P.S.- Ladaniya, Dist.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Jitendra Bharti, Advocate Ms. Nitu Kumari, Advocate For the State :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-07-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 279, 337, 338, 272, 273 and 34 of the Indian Penal Code, Section 139 of the Electricity Act and Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act 2022.

3. As per prosecution case, 450 litres of illicit liquor has been recovered from a Scoripo vehicle.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is neither owner nor driver of the alleged vehicle in question. Name of this petitioner has transpired in this case during course of investigation. Petitioner claims clean antecedents.

Patna High Court CR. MISC. No.42664 of 2024(2) dt.22-07-2024 2/2

5. Learned A.P.P. for the State has opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the aforesaid facts and circumstances, nature of accusation, the fact that petitioner is neither owner nor driver of the vehicle in question and clean antecedents, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged 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 Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Madhubani, in connection with Rahika P.S. Case No. 52 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashank/- U T