Ramdhayan Bhagat @ Ramdhyan Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56339 of 2023 Arising Out of PS. Case No.-104 Year-2023 Thana- SHEKHPURA District- Sheikhpura ====================================================== Ramdhayan Bhagat @ Ramdhyan Kushwaha S/O Harish Chandar Bhagat R/O Village- Karma, Ps. Chatra, Dist. Chatra, Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar, Adv For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a), 41 and 32 of the Bihar Prohibition and Excise Amendment Act.

3. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 172.5 liters of foreign liquor is said to have recovered from the Brezza vehicle. After seeing the police the driver is fled away from the place of occurrence. Allegation against the petitioner is that he is owner of the said vehicle. He further submits that there is no recovery made from the conscious possession of the petitioner. He further submits

Patna High Court CR. MISC. No.56339 of 2023(2) dt.15-09-2023 2/3 that petitioner has clean antecedent as stated in para-3 of the bail application.

4. Petitioner is agreed to deposit a sum of Rs. 10,000/- (Rupees Ten Thousand) in the account of Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

5. Considering the facts and circumstance of the case and submissions of the parties, let the above named petitioner, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sheikhpura P.S. Case No. 104 of 2023 , subject to the condition as laid down under Section 438 (2) of the Cr.P.C., with further conditions: (i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

6. The bail bond of the petitioner shall be accepted by

Patna High Court CR. MISC. No.56339 of 2023(2) dt.15-09-2023 3/3 the learned Court below on showing receipt of the aforesaid amount in the account of Patna High Court Legal Services Committee, Patna.

(Anjani Kumar Sharan, J) N.K/- U T