Patna High CourtCR. MISC./64708/2021bail granted

Upendra Ram v. The State Of Bihar

2022-05-23Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64708 of 2021 Arising Out of PS. Case No.-163 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== UPENDRA RAM Son of Ramashish Ram Resident of Village- Nakchhed Tola, P.S.- Motihari Town, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mrs.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-05-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition & Excise Act.

As per the prosecution case, 180 liter of Nepali country made liquor has been recovered from motor cycle of this petitioner.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No incriminating article has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. It is submitted that motor cycle of the petitioner was stolen away by some unknown thief

Patna High Court CR. MISC. No.64708 of 2021(2) dt.23-05-2022 2/2 for which petitioner had lodged Harsidhi PS case No. 101/2021 on 12.03.2021 and thereafter on 01.04.2021 the said motor cycle was seized with country made liquor. Petitioner has got clean antecedent.

Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case and clean antecedent of the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, East Champaran, Motihari in connection with Excise case No. 163/2021, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T