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Patna High CourtCR. MISC./61597/2019bail granted

Suresh Ram v. The State Of Bihar

2019-10-16Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61597 of 2019 Arising Out of PS. Case No.-86 Year-2019 Thana- SUPPI District- Sitamarhi ====================================================== Suresh Ram, aged about 40 years, male, Son of Chaturi Ram, Residence of Village- Bhluahiya, Dumri Khurd , P.S.- Mejorganj, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Mishra, Adv.

For the Opposite Party/s :

Ms. Asha Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-10-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner apprehends his arrest in connection with Suppi P.S. Case No.86 of 2019 registered under sections 272, 273, 414, 34 of the Indian Penal Code and 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018. The prosecution story in brief is that the police intercepted a pick-up van and recovered total quantity of 2700 liters of illicit liquor from the said pick-up van. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in this case inasmuch as the petitioner is not the owner of the pick-up van and the persons who were sitting in the pick-up van and allegedly fled away as disclosed by the local chaukidar, the

Patna High Court CR. MISC. No.61597 of 2019(2) dt.16-10-2019 2/2 petitioner was not one of them also. Learned counsel further submits that the petitioner's name has come on the basis of the secret information that the petitioner was liner of the present consignment of liquor.

Having regard to the submissions made by the parties and taking into consideration the fact that no illicit liquor has been recovered from conscious possession or the vehicle belonging to the petitioner, I am inclined to grant anticipatory bail to the petitioners.

Accordingly, the petitioner, above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J II, Sitamarhi-cum-Special Judge, Excise Act Sitamarhi in connection with Suppi P.S. Case No. 86 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Anil Kumar Sinha, J) Anjula/- U