Daulat Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9880 of 2021 Arising Out of PS. Case No.-155 Year-2020 Thana- KADAMKUAN District- Patna ====================================================== 1.

DAULAT RAM SON OF DIWALI RAM RESIDENT OF RAJENDRA NAGAR KAZIPUR JHHOPAR PATTI ROAD NO. 2, P.S.- KADAMKUAN, DISTRICT- PATNA.

2.

KARAN RAM SON OF DIWALI RAM RESIDENT OF RAJENDRA NAGAR KAZIPUR JHHOPAR PATTI ROAD NO. 2, P.S.- KADAMKUAN, DISTRICT- PATNA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nityanand Kumar For the Opposite Party/s :

Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-12-2021 Heard the learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Kadamkuan P.S. Case No. 155/20 (Spl. Case No. 3141/20) instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 32 litres of locally brewed mahua liquor is said to

Patna High Court CR. MISC. No.9880 of 2021(2) dt.21-12-2021 2/3 have been recovered and one person was arrested. He disclosed that people from the locality had come for purchase of the aforesaid liquor.

The petitioners are suspected to be the prospective purchasers of the liquor.

The learned counsel for the petitioners has submitted that neither the arrested person named the petitioners nor any witness has spoken about their having purchased liquor anytime for consumption.

The petitioners do not have criminal antecedents. For the afore-noted reasons, it has been urged on behalf of the petitioners that the offence under the Excise Act cannot be said to have been made out against them. For the reasons afore-stated, the petitioners, above named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Special

Patna High Court CR. MISC. No.9880 of 2021(2) dt.21-12-2021 3/3 Judge Excise Patna, Distt. Patna, in connection with Kadamkuan P.S. Case No. 155/20 (Spl. Case No. 3141/20), subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure (Ashutosh Kumar, J) sunilkumar/- U T