Sharma Ram @ Sharmanand Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56623 of 2022 Arising Out of PS. Case No.-236 Year-2022 Thana- DURAULI District- Siwan ====================================================== 1.

Sharma Ram @ Sharmanand Ram, Son Of Ramnath Ram Resident Of Done Bujurg, P.S- Darauli, District- Siwan 2.

Mukesh Ram @ Mukesh Kumar Ram, Son Of Shyam Bahadur Ram Resident Of Done Bajurg, P S Darauli, District- Siwan 3.

Chhotelal Ram, Son Of Late Hari Ram Resident Of Done Bajurg, P S Darauli, District- Siwan 4.

Jeetendra Ram, Son Of Manbharan Ram Resident Of Done Bajurg, P S Darauli, District- Siwan ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Kumari Anupam For the Opposite Party/s :

Ms. Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-11-2022 Heard learned counsel for the petitioners and learned APP for the State through video conferencing.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 147, 341, 323, 225, 332, 353 and 504 of the I.P.C. and Section 30(a) of the Excise Act, 2018.

The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the allegation is of recovery of 8.600 litres of liquor from the Palani of Shivji Ram. The learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was

Patna High Court CR. MISC. No.56623 of 2022(2) dt.04-11-2022 2/2 recovered from their conscious possession. It is next submitted that even the alleged place, from where the recovery was made, does not belong to the petitioners and they came to be implicated at the instance of the police. It is further submitted that the petitioners were falsely implicated with a view to save the real culprits when petitioners are admittedly persons with clean antecedent. Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bailbonds in the sum of Rs. 1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Darauli P. S. Case No.236 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T