Ramakant Prasad @ Ramakant Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 28342 of 2017 Arising Out of PS.Case No. -151 Year- 2017 Thana -CHANDI District- NALANDA (BIHARSHARIFF) ====================================================== Ramakant Prasad @ Ramakant Singh, son of Late Gandhari Singh, resident of Village- Rukhai, P.S.- Chandi, District- Nalanda. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

13-07-2017 Heard Sri Sanjeev Kumar, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in Chandi P.S. Case No. 151 of 2017 registered for offence under Sections 420, 120(B) of the Indian Penal Code and Section 30(A), 38, 41 of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of anticipatory bail.

By way of referring to F.I.R., learned counsel for the petitioner submits that petitioner has been made accused on the basis of statement made by one Ex-Chairman of the PACS that a room of the PACS building was in occupation of the petitioner and from that room, huge quantity of Indian make foreign liquor was recovered. He submits that it is unbelievable that a PACS building

Patna High Court Cr.Misc. No.28342 of 2017 (2) dt.13-07-2017 2/2 can be occupied by the petitioner. He submits that on a village rivalry, the petitioner has been made accused. Considering the fact that nothing was recovered from own premises of the petitioner and his name has only come on the basis of disclosure made by Ex-PACS Chairman, there is no reason to refuse the prayer for anticipatory bail. Accordingly, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Ramakant Prasad @ Ramakant Singh 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 Addl. District & Sessions Judge-cum-Special Excise Judge, Bihar Sharif, Nalanda in connection with Chandi P.S. Case No. 151 of 2017, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J.) Anay U T