Patna High CourtCR. MISC./64012/2023bail granted

Manager Ram v. The State Of Bihar

2023-10-16Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64012 of 2023 Arising Out of PS. Case No.-245 Year-2023 Thana- DARAUNDA District- Siwan ====================================================== Manager Ram Son Of Yugeshwar Ram Resident Of Village- Milki Madhwapur, Ps- Daraunda, Distt- Siwan.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-10-2023 Heard Mr. Bijay Prakash Singh, learned counsel appearing on behalf of the petitioner and Mr. Nand Kishore Prasad, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Daraunda P.S. Case No. 245 of 2023 dated 26.07.2023 registered for the offence punishable under Section Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. Prosecution story, in brief, 5 liters of country made wine has been recovered from bush, which was in front of petitioner's house.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has committed no offence. He submits that nothing incriminating has been recovered from the possession of the petitioner and his

Patna High Court CR. MISC. No.64012 of 2023(2) dt.16-10-2023 2/2 name has transpired in this case merely on the basis of secret information made by informer.

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

6. Considering the submissions made by the learned counsel appearing on behalf of the petitioner, as well as, 15 liters of liquor not recovered from the possession of the petitioner, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. 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. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise, Court No.1, Siwan in connection with Daraunda P.S. Case No. 245 of 2023 dated 26.07.2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J.) Ashishsingh/- U T