Brijkishore Ram @ Braj Kishore Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49055 of 2022 Arising Out of PS. Case No.-244 Year-2022 Thana- BOCHAHAN District- Muzaffarpur ====================================================== 1.
Brijkishore Ram @ Braj Kishore Ram S/o Late Mahendra Rai Resident of Village - Adi Gopalpur, P.S. Bochahan, District - Muzaffarpur. 2.
Indu Deiv W/o- Brij Kishore Ram @ Braj Kishore Ram Resident of Village - Adi Gopalpur, P.S. Bochahan, District - Muzaffarpur. 3.
Vicky Kumar Ram @ Vikki Kumar S/o- Brij Kishore RAm @ Braj Kishore Ram Resident of Village - Adi Gopalpur, P.S. Bochahan, District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Upendra Kumar For the Opposite Party/s :
Mr. Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-11-2022 The matter has been taken up out of turn since the marriage the daughter of the petitioner nos. 1 & 2 is to be solemnized on 29.11.2022. A supplementary affidavit to the effect has been filed.
Heard learned counsel for the petitioners and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Bochahan P.S. Case no. 244 of 2022 instituted for the offence under Sections 341, 342, 323, 353, 504, 506/34 of the Indian Penal Code and section 45 of the Bihar Prohibition and
Patna High Court CR. MISC. No.49055 of 2022(2) dt.09-11-2022 2/3 Excise Act.
It is a case of creating hindrance and discharging the duty of informant and other police officials while they were searching of wine in the house of the petitioner. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this present case. They have got no criminal antecedent. It is further submitted that neither the petitioners were arrested on spot nor any incriminating article and wine has been recovered from their conscious and constructive possession.
Learned APP appearing for the state has opposed the prayer of anticipatory bail.
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 petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Bochahan P.S. Case no. 244 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge
Patna High Court CR. MISC. No.49055 of 2022(2) dt.09-11-2022 3/3 Excise Court No.1, Muzaffarpur subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) amandeep/- U T