Patna High CourtCR. MISC./57508/2023allowed

Rameshwar Uran @ Ram Pravesh Uraon v. The State Of Bihar

2023-08-31Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57508 of 2023 Arising Out of PS. Case No.-340 Year-2023 Thana- KANTI District- Muzaffarpur ====================================================== 1.

Rameshwar Uran @ Ram Pravesh Uraon Son Of Late Paras Nath Uraon R/V- Bairaty Ps- Chiutaha Dist- Bagaha W.Champaran 2.

Jitendra Kumar Suman Son Of Sri Gaya Prasad Village- Kanhauli PsDarauli Dist- Siwan ... ... petitioners/s

Versus

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

For the petitioners/s :

Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 31-08-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Kanti P.S. Case No. 340 of 2023 instituted under Section 30 (a) / 32 (i) (ii) / 36 / 41 (i) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 1522.920 litres of illicit foreign liquor was recovered from the bus and the allegation against the petitioners is that they were helping the apprehended co-accused.

4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. There

Patna High Court CR. MISC. No.57508 of 2023(2) dt.31-08-2023 2/2 is no recovery from the conscious possession of the petitioners. Petitioners are police officers who have falsely been implicated in this case. Petitioners have no criminal antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to each to the satisfaction of the learned Exclusive Special Judge Excise Court - II, Muzaffarpur in connection with Kanti P.S. Case No. 340 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) ashutosh/- U T