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Patna High CourtCR. MISC./69366/2023bail granted

Bhuar Ram @ Ram Pravesh Kumar v. The State Of Bihar

2023-11-08Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69366 of 2023 Arising Out of PS. Case No.-491 Year-2023 Thana- SASARAM NAGAR District- Rohtas ====================================================== 1.

BHUAR RAM @ RAM PRAVESH KUMAR SON OF VIJAY RAM RESIDENT OF VILLAGE- TARACHANDI, PS- DARIGAON, DISTTROHTAS AT SASARAM 2.

LANGTU RAM @ KRISHN MOHAN KUMAR@KRISHNA MOHAN KUMAR SON OF VIJAY RAM RESIDENT OF VILLAGETARACHANDI, PS- DARIGAON, DISTT- ROHTAS AT SASARAM ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chhote Lal Mishra, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 08-11-2023

1. Heard learned counsel for the Petitioners and learned APP for the State

2. The Petitioners apprehend their arrest in connection with Sasaram Town (Darigaon) P.S. Case No. 491 of 2023 dated 10.06.2023 registered for the offences punishable under Sections 341, 323, 353 and 506 read with Section 34 of the Indian Penal Code.

3. The main submissions advanced by learned counsel for the petitioners are that the petitioners have got no criminal antecedent and as per the FIR, two sacks containing country-made Mahua liquor were recovered from the alleged place but in this regard no seizure memo was prepared and the

Patna High Court CR. MISC. No.69366 of 2023(2) dt.08-11-2023 2/2 petitioners and eight other persons have been made accused mainly on account of their photographs which are stated to have been captured by the forest guard and his associates. Further submission is that all the alleged offences except the offence of Section 353 of IPC are bailable and the said offence of 353 of IPC is not made out against the petitioners.

4. Learned APP appearing for the State has opposed the prayer for bail of the petitioners.

5. Considering the above submissions and mainly taking into account the fair and clean antecedent of these petitioners , this Court is inclined to accept their prayer for anticipatory bail. Accordingly, let the petitioners named-above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Sasaram Town (Darigaon) P.S. Case No. 491 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Shailendra Singh, J) Maynaz/- U T