Ramesh Kisku v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46388 of 2024 Arising Out of PS. Case No.-24 Year-2024 Thana- TARABARI District- Araria ====================================================== Ramesh Kisku S/o Late Jiten Kisku R/o Village-Biri Navtoli, Ward No.02,Police Station- Tarabari, District-Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-08-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Tarabari Police Station Case No. 24 of 2024, disclosing offences under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise 2018.

3. As per the First Information Report, 5 liters of illicit liquor has been recovered from the house of the petitioner.

4. Learned Counsel for the petitioner submits that there is a discrepancy in the statement made in the FIR and the seizure list inasmuch as in the FIR it has been mentioned that the illicit liquor has been recovered from the courtyard of the petitioner whereas in the seizure list it has been mentioned that

Patna High Court CR. MISC. No.46388 of 2024(2) dt.07-08-2024 2/2 the liquor has been recovered from the western corner of the house. The petitioner is having no criminal antecedent.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the difference in the statement made in the FIR and the seizure list and the fact that the petitioner is having no criminal antecedent, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, 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-II, Araria, in connection with Tarabari Police Station Case No. 24 of 2024, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) HarshPandey/- U T