Birendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54459 of 2019 Arising Out of PS. Case No.-194 Year-2019 Thana- GOPALPUR District- Patna ====================================================== 1.

Birendra Ram, Aged about 35 years, Male, Son of Suresh Ram, Resident of Village-Jol Bigha, P.S.-Gopalpur, District-Patna. 2.

Shiva Paswan, Aged about 30 years, Male, Son of Late Kanhai Ram, Resident of Village-Jol Bigha, P.S.-Gopalpur, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satish Chandra For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-08-2019 Heard both sides.

Petitioners apprehend their arrest in Gopalpur P.S. Case No.194 of 2019, arising out of Special Case No.6061 of 2019, registered under Sections 147, 148, 149, 353 and 332 of the Indian Penal Code as well as under Sections 30(a)/40 of the Bihar Prohibition and Excise Act.

According to the prosecution case, the informant got information that Moti Paswan of village Jolbigha and his family members were selling liquor and on such a raid was conducted in the house of Moti Paswan for recovery of liquor. Country made liquor was recovered from the house of Moti Paswan but many villagers came and they are said to have obstructed the

Patna High Court CR. MISC. No.54459 of 2019(2) dt.30-08-2019 2/2 police force in conducting the raid.

Learned counsel for the petitioners submits that the petitioners have no manner of concern with Moti Paswan. The petitioners have falsely been implicated in the case. There is no allegation that the petitioners assaulted any police official. Taking into consideration the facts aforesaid and nature of allegation made against the petitioners, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna in connection with Gopalpur P.S. Case No.194 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) S.KUMAR/- U T