Suresh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85880 of 2024 Arising Out of PS. Case No.-411 Year-2023 Thana- GHORASAHAN District- East Champaran ====================================================== Suresh Ram S/o- Late Chhatu Ram Resident of village -Jolgawan,PoChhauradano,Ps-Jitna, District -East champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prateek Tandon, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a) & 41 (1) of the Bihar Prohibition and Excise Act, 2016.

3. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 81 liters of Nepali liquor is said to have been recovered from a motorcycle. Petitioner has no concern either with the seized liquor or the place of recovery or any trade of liquor. It is further submitted that petitioner has given his motorcycle to his co-villager, Sonu Kumar to visit a doctor but he was carrying

Patna High Court CR. MISC. No.85880 of 2024(2) dt.17-12-2024 2/3 liquor in his motorcycle. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

4. Petitioner is agreed to deposit a sum of Rs.5,000.00 (Rupees Five Thousand) in the account of Lawyers' Association Welfare Benevolent Fund, bearing Account No.: 7801893276, IFSC Code : IDIB000L501, Bank Name: Indian Bank, Branch-LNMI, Bailey Road, Patna.

5. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of eight 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 Ghorasahan (Jitna) P.S. Case No. 411 of 2023, subject to the condition as laid down under Section 438

(2) of the Cr.P.C., subject to the further conditions that (i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any

Patna High Court CR. MISC. No.85880 of 2024(2) dt.17-12-2024 3/3 similar offence till conclusion of the trial.

6. 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 Lawyers' Association Welfare Benevolent Fund.

7. The court below is directed to verify the criminal antecedent of the petitioner as stated in paragraph no.3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no.3, this order will loose its force automatically.

(Anjani Kumar Sharan, J) Trivedi/- U T