Ram Ashish Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45151 of 2025 Arising Out of PS. Case No.-488 Year-2025 Thana- Excise P.S. District- Aurangabad ====================================================== Ram Ashish Ram S/o- Ram Surat Ram Vilage- Swang NMP 86, New Mines, P.S. Gomia, Birsa, Bokaro, Jharkhand ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Suman Saurabh For the Opposite Party/s :
Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 01-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Excise Aurangabad P.S. Case no. 488 of 2025 instituted for the offence under Sections 30(1), 32(3) and 37 of the Bihar Prohibition of Excise Act.
3. Prosecution case relates to recovery of less than one liter (.95 liters) of illicit liquor kept beneath the driver seat of Maruti Suzuki, occupied by six persons. All six accused persons were arrested on spot and then the FIR.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.45151 of 2025(3) dt.01-08-2025 2/3 case only because he is owner of the alleged vehicle. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery neither he was present in the alleged vehicle. Provision of Section 103 B.N.S.S. has not been followed by the police officials while preparing the seizure list. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession. It is mentioned in para 10 of the petition that petitioner's driver had used the vehicle for a wedding ceremony in his family without the petitioner's knowledge, and as such, the petitioner is unaware of the entire incident.
5. Learned APP appearing for the State has opposed the prayer of Bail.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Aurangabad P.S. Case no. 488 of 2025, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Special Judge, Excise-II,
Patna High Court CR. MISC. No.45151 of 2025(3) dt.01-08-2025 3/3 Aurangabad subject to the conditions as laid down under section 482 of the BNSS.
(S. B. Pd. Singh, J) sushma/- U