Patna High CourtCR. MISC./65276/2023bail granted

Shiv Shankar Ram v. The State Of Bihar

2023-11-06Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65276 of 2023 Arising Out of PS. Case No.-285 Year-2023 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== Shiv Shankar Ram, aged about 27 years, Gender-Male, Son of Algu Ram, Resident of Village- Chanchopali, P.S.- G.B. Nagar, Distt- Siwan. ... ... Petitioner

Versus

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

For the Petitioner :

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

Mr. Mukesh Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-11-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with G.B. Nagar P.S. Case No. 285 of 2023 dated 23.07.2023 registered for the offences punishable under Sections 30(a), 34, 36 and 37 of the Bihar Prohibition and Excise Act, 2016 and Amendment Act, 2022.

4. As per the prosecution case, 18 litres of country made liquor was recovered near the Water Tank.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.65276 of 2023(2) dt.06-11-2023 2/2 that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating article has been recovered from the conscious or constructive possession of the petitioner. The petitioner has no concern either with the alleged liquor or the place of occurrence in question. The petitioner has one criminal antecedent as stated in paragraph no. 3 of the bail application in which he is on bail.

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

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Siwan in connection with G.B. Nagar P.S. Case No. 285 of 2023, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

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