Abhaya Kumar Ram @ Abhaya Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45561 of 2024 Arising Out of PS. Case No.-702 Year-2023 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Abhaya Kumar Ram @ Abhaya Ram Son Of Nathuni Ram Resident Of Village- Biropur, P.S. - Hajipur, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH 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 Hajipur Sadar P.S. Case No. 702 of 2023 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

3.

Prosecution case in short is that there is recovery of total 827.640 liter foreign liquor from the house of the petitioner.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. It is submitted that petitioner is neither apprehended on the spot

Patna High Court CR. MISC. No.45561 of 2024(2) dt.10-07-2024 2/2 nor wine was recovered from his possession or from his house. Petitioner has no concerned with the recovered liquor. It is submitted that the house from where recovery is made is joint property. It is next submitted that there is no compliance of Section 100 of the Cr.P.C. It is lastly submitted that petitioner is a man of clean antecedent.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Hajipur Sadar P.S. Case No. 702 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Rudra Prakash Mishra, J) Raj Kishore/- U T