Patna High CourtCR. MISC./39970/2020disposed

Daroga Ram v. The State Of Bihar

2021-07-19Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39970 of 2020 Arising Out of PS. Case No.-143 Year-2020 Thana- HASPURA District- Aurangabad ====================================================== 1.

DAROGA RAM, SON OF MAHANGU RAM, RESIDENT OF VILLAGEITWA, P.S- HASPURA, DISTRICT- AURANGABAD 2.

POLICE RAM, SON OF MAHANGU RAM, RESIDENT OF VILLAGEITWA, P.S- HASPURA, DISTRICT- AURANGABAD ... Petitioners

Versus

THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Shailesh Kumar Singh, Adv.

For the Opposite Party :

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-07-2021 As prayed for, through video conferencing, let the learned counsel for the petitioner remove the defect(s), as pointed out by the office vide it's note, dated 26.12.2020, within four weeks of starting of the Court proceeding in physical mode properly.

Heard the parties through video conferencing. The learned counsel for the petitioner seeks permission to withdraw this application, so far as petitioner no. 1 (Daroga Ram) is concerned, as during the pendency of this application petitioner no. 1 has been taken into custody. Prayer is allowed.

The petitioner no. 2, Police Ram, seeks pre-arrest bail in connection with Haspura P.S. Case No. 143 of 2020, pending in the Court of the Additional District & Sessions Judge VII-

Patna High Court CR. MISC. No.39970 of 2020(2) dt.19-07-2021 2/2 cum-Special Judge, Excise, Aurangabad, registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The accusation is of recovery of 60 liters country made liquor concealing in the field of petitioner no. 2 (Police Ram) situated in the forest.

Having regard to the facts and circumstances of the case, I am not inclined to grant the privilege of pre-arrest bail to the petitioner no. 2, Police Ram. The prayer for pre-arrest bail is rejected with direction to the petitioner to surrender before the Court below and seek regular bail, which shall be considered by the trial Court on its own merit, without being prejudiced of this order.

(Rajendra Kumar Mishra, J) Shamshad/- U T