Suresh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54340 of 2022 Arising Out of PS. Case No.-319 Year-2017 Thana- BETTIAH CITY District- West Champaran ====================================================== SURESH RAM S/o Sukdev Ram Resident of Mohalla- Ambedkar nagar, Basawaria, P.S.- Bettiah Town, District- West Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Pradeep Narain Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-10-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272 and 279 of the Indian Penal Code and Sections 30, 33, 34, 36 and 38

(1) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of semi-prepared liquor from Tarkeshwar Ram's house which was destroyed at the spot, further semi-prepared liquor from house no. BS021-0258, BS021-0291 apart from 600 liters of semi-prepared liquor which was destroyed at the spot from house no. BS021-0210 and seven others.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.54340 of 2022(2) dt.18-10-2022 2/2 petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that petitioner is not named in the FIR nor he is owner of any of the house and the police in mechanical manner implicated the petitioner when he is a person with clean antecedent.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction ofs the learned trial court where the case is pending/successor court in connection with Bettiah P.S. Case No. 319 of 2017 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T