Rajendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68648 of 2022 Arising Out of PS. Case No.-6 Year-2016 Thana- KORMA District- Sheikhpura ====================================================== RAJENDRA RAM Son of Late Brahma Dev Ram @ Manjhi Ram Resident of Village - Gagaur, P.S.- Korma, District - Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar, Advocate For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 47(A) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 20 liters of liquor from petitioner's house. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that he came to be implicated based on secret information, it is further submitted that house is a joint family

Patna High Court CR. MISC. No.68648 of 2022(2) dt.13-12-2022 2/2 property as pleaded at Para 9 of the anticipatory bail application, as such, it cannot be alleged that petitioner was aware that liquor was in his house, it is also submitted that no prudent man would use his own premises for committing a crime and thus create evidence against himself.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Korma P.S. Case No. 06 of 2016 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T