Ramanand Kumar @ Ramanand Baitha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76152 of 2024 Arising Out of PS. Case No.-1585 Year-2024 Thana- Excise P.S. District- Muzaffarpur ====================================================== Ramanand Kumar @ Ramanand Baitha S/o Nathuni Baitha R/o VillageBathana, Post- Jhaphan, Police Station- Ahiyapur, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
None.
For the Opposite Party/s :
Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-11-2024 Upon repeated calls, no one appears on behalf of the petitioner. However, Learned A.P.P. for the State is present.
2. The petitioner is apprehending arrest in a case registered for the offences punishable in connection with Excise P.S. (Utpad Thana Muz.) Case No.1585 of 2024 under Sections 30(a) of Bihar Prohibition and Excise (Amendment 2018-2022) Act.
3. As per the prosecution, the FIR has been lodged against three named accused persons including the petitioner. From the F.I.R., it transpires that upon secret information, the A.S.I. of Excise Department has constituted a team for raid and upon raid on the place of occurrence, no one was present there, but recovery of 241.920 liters of foreign liquor has been made, which is subject matter of the present case. Upon secret information, the name of all the accused persons including the
Patna High Court CR. MISC. No.76152 of 2024(2) dt.12-11-2024 2/2 petitioner have come in this case. They were not present at the place of occurrence from where the recovery has been made.
4. It also transpires to this Court from the pleading that the antecedent of the petitioner is clean.
5. Learned APP for the State opposes the prayer for bail and submits that it is true that the recovery of 241.92 liters of foreign liquor has been made, but it is also true that no one was present at the place of occurrence and the name of petitioner and others have come by secret information.
6. In the present facts and circumstances, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Court below within a period of 4 weeks from today, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Judge Excise Court No.II, Muzaffarpur in connection with Excise P.S. (UTPAD Thana Muz.) Case No.1585 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dr. Anshuman, J.) Prakashmani/- U T