Patna High CourtCR. MISC./57853/2023bail granted

Ritesh Kumar Ram v. The State Of Bihar

2023-10-11Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57853 of 2023 Arising Out of PS. Case No.-173 Year-2023 Thana- SISWAN District- Siwan ====================================================== RITESH KUMAR RAM S/O LATE SATYENDRA RAM R/O VILLAGESUWAHI, PS. SISWAN, DIST. SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar, Advocate.

For the Opposite Party/s :

Mr.Gulnar Begum, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 11-10-2023 Heard Mr. Ashok Kumar, learned counsel appearing on behalf of the petitioner and Mr. Gulnar Begum, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Siswan P.S. Case No. 173 of 2023 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Allegation is of recovery of 30 litres of country made liquor from the place of occurrence.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has falsely been implicated in the case by the chaukidar due to enmity. Petitioner has no concern with the seized liquor nor he is involved in trade of liquor. Nothing incriminating has been

Patna High Court CR. MISC. No.57853 of 2023(2) dt.11-10-2023 2/2 recovered from conscious possession of the petitioner. Petitioner has clean antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the nature of allegation made against the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-II, Siwan in connection with Siswan P.S. Case No. 173 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically loose its force.

(Purnendu Singh, J) mantreshwar/- U T