Ramesh Kumar @ Ramesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84353 of 2024 Arising Out of PS. Case No.-436 Year-2024 Thana- MUFFASIL District- Aurangabad ====================================================== Ramesh Kumar @ Ramesh Kumar Singh Son of Ramdip Singh Resident of Village- Bijoi, P.S- Mufassil, Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Singh For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-12-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Muffasil Police Station Case No. 436 of 2024, dated 11.11.2024, disclosing offence under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

3. The prosecution case, as per the First Information Report, is that the police, on secret information, raided the place of occurrence, which is forest area, and on seeing the police, one person fled away. The police recovered 20 litres of illicit country-made liquor from the forest.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the basis of disclosure of his name by the Chowkidar. He further submits that illicit liquor has not

Patna High Court CR. MISC. No.84353 of 2024(2) dt.18-12-2024 2/2 been recovered from the premises belonging to the petitioner; rather, the same has been recovered from the forest, which is an open space and is accessible to all and sundry.

5. Regards being had to the submission advanced on behalf of the parties concerned and taking into consideration the fact that illicit liquor has been recovered from the forest, which is an open space, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise 1, Aurangabad, in connection with Muffasil Police Station Case No. 436 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √