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Patna High CourtCR. MISC./67119/2022allowed

Hareram Singh @ Hero @ Hareram Prasad v. The State Of Bihar

2022-12-09Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67119 of 2022 Arising Out of PS. Case No.-91 Year-2022 Thana- BISHWAMBHARPUR DistrictGopalganj ====================================================== Hareram Singh @ Hero @ Hareram Prasad Son Of Chandrama Singh R/O Vill.- Dhupsagar, P.S.- Vishambarpur, Distt.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Vishambharpur P.S. Case no. 91 of 2022 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Prosecution case relates to 493.400 litres of country made liquor from bush. 3 persons were apprehended from spot who disclosed their name as

Patna High Court CR. MISC. No.67119 of 2022(2) dt.09-12-2022 2/3 Dinanath Yadav, Baliram Yadav & Manoj Yadav.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern either with the alleged recovery or with the place of occurrence. The name of the petitioner has been disclosed in this case by the apprehended co-accused persons, before the police, which has no evidentiary value in the eye of law. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Vishambarpur P.S. Case no. 91 of 2022, he will be

Patna High Court CR. MISC. No.67119 of 2022(2) dt.09-12-2022 3/3 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge- IV cum Special Excise Court No. II, Gopalganj subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) nirajkrs/- U T