Ram Bharosh Rai @ Ram Bharosh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78251 of 2024 Arising Out of PS. Case No.-377 Year-2024 Thana- DUMRA District- Sitamarhi ====================================================== Ram Bharosh Rai @ Ram Bharosh Yadav Son of Late Ram Lakhan Rai Resident of village - Dharmbana, Ward No.- 13, P.S.- Dumra, District - Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Devendra Kumar, Advocate For the Opposite Party/s :
Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-11-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Dumra P.S. Case No. 377 of 2024 registered under Section 30(a) of Bihar Excise Act.
3. As per prosecution case, 63 liters of Nepali liquor was recovered from the motorcycle bearing Reg. No. BR30-J7392.
4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case due to dirty village politics. Further submission is that petitioner has no concern neither with the seized motorcycle nor with the illicit liquor. Nothing has
Patna High Court CR. MISC. No.78251 of 2024(2) dt.21-11-2024 2/3 been recovered from the conscious possession of the petitioner. Petitioner has been made accused in this case merely on the confessional statement of local Chaukidar. Petitioner has got one criminal antecedent of similar nature.
5. Petitioner is agreed to deposit a sum of Rs.10,000.00 (Rupees Ten Thousand) in the account of Mahavir Cancer Sansthan, bearing Account No.3332964762, Central Bank of India, Chitkohra Branch, IFSC Code :CBIN0282779 (fifth character is zero), MICR Code :800016018.
6. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000 (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Dumra P.S. Case No. 377 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., with the following conditions:
(i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform
Patna High Court CR. MISC. No.78251 of 2024(2) dt.21-11-2024 3/3 the Court if there is any change in the address of the petitioner. (ii) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.
7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Mahavir Cancer Sansthan. (Anjani Kumar Sharan, J) utkarsh/- U T