Dhani Ram @ Rajendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71205 of 2022 Arising Out of PS. Case No.-229 Year-2022 Thana- TARARI District- Bhojpur ====================================================== 1.

DHANI RAM @ RAJENDRA RAM SON OF LATE AYODHYA RAM R/O VILLAGE- KARATH, P.S.- TARARI, DISTRICT- BHOJPUR 2.

MANOJ RAM SON OF LATE AYODHYA RAM R/O VILLAGEKARATH, P.S.- TARARI, DISTRICT- BHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shantam Shivam, Advocate For the Opposite Party/s :

Mr. Ramesh Chandra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-12-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 30(a) and 36 of the Bihar Excise Act.

Learned counsel for the petitioners submits that the petitioners have antecedent of one case and allegation is of recovery of 30 liters of liquor from a field and 100 liters of Mahua which was destroyed at the spot.

Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession, it is also

Patna High Court CR. MISC. No.71205 of 2022(2) dt.23-12-2022 2/2 submitted that alleged recovery is from a place which does not belong to the petitioner and is accessible to public at large and he came to be implicated, because of his antecedent, by the Chowkidar with whom he is on an inimical term. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their 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 Tarari P.S. Case No. 229 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T