Ramottar Singh @ Ramavatar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63134 of 2024 Arising Out of PS. Case No.-235 Year-2024 Thana- RAJNAGAR District- Madhubani ====================================================== Ramottar Singh @ Ramavatar Singh Son of Late Khakhan Singh Resident of Village- Rahi North ,P.S- Rajnagar, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Advocate Mr. Gagan Deo Yadav, Advocate For the Opposite Party/s :

Mr. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-09-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Rajnagar P.S. Case no. 235 of 2024, registered under sections 272 and 273 of Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on information having been received and a search being conducted, 7.5 litres of Nepali liquor was recovered. The informant further states that the people present there disclosed that the wine belonged to the petitioner herein.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case because of his

Patna High Court CR. MISC. No.63134 of 2024(2) dt.21-09-2024 2/2 antecedent. Neither the petitioner was present anyway near the alleged place of occurrence nor does he have any concern with the seized articles. He has no criminal antecedent and undertakes to cooperate in the case.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the F.I.R., no incriminating article having been recovered from his possession and specially the petitioner not having any antecedent under the Bihar Prohibition and Excise Act, 2016, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Rajnagar P.S. Case no. 235 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani.

(Partha Sarthy, J) Shiv/- U T