Ravindra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65420 of 2023 Arising Out of PS. Case No.-145 Year-2023 Thana- SARMERA District- Nalanda ====================================================== Ravindra Ram, aged about 28 years, Male, Son of Late Indradeo Ram, R/o vill - Pendi, P.S. - Sarmera, Distt. - Nalanda. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Rajeev Kumar, Advocate For the Opposite Party :

Mr. Kanhaiya Kishore (App.100) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-11-2023 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 Sarmera P.S. Case No. 145 of 2023 dated 18.07.2023 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

4. As per the prosecution case, total 5 litres of liquor was recovered from the Motorcycle which was driven by the petitioner.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.65420 of 2023(2) dt.08-11-2023 2/2 that the petitioner is innocent and has been falsely implicated in this case at the instance of some interested persons of the locality who have enimical terms with the petitioner. The petitioner is not the owner of the Motorcycle in question. There is no compliance of Section 100 of C.P.C. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application.

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, Nalanda at Biharsharif in connection with Sarmera P.S. Case No. 145 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