Dharmveer Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49442 of 2023 Arising Out of PS. Case No.-13 Year-2023 Thana- KORMA District- Sheikhpura ====================================================== DHARMVEER RAM SON OF YAMUNA RAM RESIDENT OF VILLAGEISHUA PURVI BELDARIA, PS- SARMERA, DISTT- NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rahul Kumar Dubey, Advocate.

For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-08-2023 Heard Mr. Rahul Kumar Dubey, learned counsel for the petitioner and Mr. Rana Randhir Singh, learned Additional Public Prosecutor appearing for the State.

2. Petitioner apprehends his arrest in connection with Korma P.S. Case No. 13 of 2023 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the First Information Report during vehicle checking, one Motorcycle was intercepted by the Police and upon seeing the Police Party, the accused persons driving the same fled away after leaving the Motorcycle on spot and upon search, the Police recovered 6.5 litres of country made liquor from the said Motorcycle. The person who succeeded in fleeing away was identified by the Chowkidar as one Gawaskar Ram,

Patna High Court CR. MISC. No.49442 of 2023(2) dt.11-08-2023 2/3 son of Suresh Ram.

4. Learned counsel for the petitioner submits that the petitioner is not named in the First Information Report and he has been made accused on the basis of being the owner of the said Motorcycle. According to the petitioner, the Motorcycle in question was borrowed by co-accused Gawaskar Ram for purchasing some medicine for his father who was suffering from high fever. Accordingly, the petitioner was not aware about the illicit liquor being carried by the said Gawaskar Ram on the Motorcycle.

5. Regards being had to the submission made by the parties and taking into consideration the submission advanced by learned counsel appearing for the petitioner that the Motorcycle in question was borrowed by co-accused, the petitioner is not named in the First Information Report and he has got no criminal antecedent, I am inclined to grant anticipatory bail to the petitioner.

6. Accordingly, in the event of arrest or surrender before the court below within six weeks from today, petitioner, above named, shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.49442 of 2023(2) dt.11-08-2023 3/3 Exclusive Special Excise Judge, Sheikhpura, in connection with Korma P.S. Case No. 13 of 2023, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) S.Ali/- U T