Rambabu Singh @ Ram Babu Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51177 of 2024 Arising Out of PS. Case No.-394 Year-2021 Thana- TURKAULIYA District- East Champaran ====================================================== Rambabu Singh @ Ram Babu Bhagat, Male, aged about 32 yrs., Son of Naresh Bhagat, Resident of Vill- Aamwa Madhopur, P.S.- Turkauliya, District- East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 21-08-2024 Heard Mr. Rajesh Kumar, learned counsel appearing on behalf of the petitioner and Mr. Khurshid Anwar, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Turkauliya P.S. Case No. 394/2021 registered for the offence(s) punishable under Section 30(A) of the Bihar Prohibition and Excise Act

3. As per the allegation made in the FIR, 2 litres of illicit liquor was recovered from a sack, allegedly thrown by the

Patna High Court CR. MISC. No.51177 of 2024(2) dt.21-08-2024 2/3 petitioner.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. He further submitted that the alleged recovery of illicit liquor has been made from roadside, which is easily accessible by anyone and petitioner has no concern with the alleged seized liquor.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. In the facts and circumstances of the case, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1, East Champaran, Motihari in connection with Turkauliya P.S. Case No. 394/2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been

Patna High Court CR. MISC. No.51177 of 2024(2) dt.21-08-2024 3/3 stated in paragraph no.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) Sanjay/- U T