Ashok Ram @ Ashok Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61479 of 2024 Arising Out of PS. Case No.-381 Year-2023 Thana- BHORE District- Gopalganj ====================================================== Ashok Ram @ Ashok Chauhan, Son of Tikam Ram @ Tikam Chauhan, Resident of village- Nadwa, P.O.- Bnakta Jagirdari, P.S.- Bhore, Distt,- Gopalganj.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Dewanand Tiwari, Advocate For the Opposite Party :

Mr. Umeshanand Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Bhore P.S. Case No. 381 of 2023 dated 04.08.2023 registered for the offences punishable under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, total 119.200 litres of illicit country made liquor was recovered from the door of the house of the co-accused Nirmala Devi.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that there is no recovery of liquor

Patna High Court CR. MISC. No.61479 of 2024(2) dt.04-10-2024 2/3 from his possession rather the same has been recovered from the house's door of the co-accused Nirmala Devi. His name has come in the present case on the basis of disclosure made by local Choukidar. He has no concern with the alleged offence. The other co-accused Brajesh Yadav and Ishmahammad Miya @ Idhmahammad @ Idmohammad Ali @ Idmahammad Miay has already been granted anticipatory bail by a Bench of this Court vide Cr. Misc. No. 13682 of 2024 under order dated 05.03.2024. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application.

5.Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-XIII-cumSpecial Excise Court No.-1, Gopalganj, in connection with Bhore P.S. Case No. 381 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.61479 of 2024(2) dt.04-10-2024 3/3

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T