Deepak Ram Alias Deepak Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88327 of 2024 Arising Out of PS. Case No.-214 Year-2024 Thana- BHORE District- Gopalganj ====================================================== Deepak Ram Alias Deepak Kumar Ram Son of Rattan Ram @ Shivratan Ram Resident of Village - Khajurha Misir, P.S. - Bhore, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikash Kumar Shukla, Advocate For the Opposite Party/s :

Mr. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 08-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Bhore P.S. Case No. 214 of 2024 registered for the offences punishable under Section 30(A) of the Bihar Prohibition and Excise Act, 2022.

3. As per prosecution case, there is allegation against the petitioner that 28.6 liters is said to have recovered from the door of house of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Learned counsel further submits that the place of recovery is abandoned house of the petitioner and he is aged about 24 years, working outside for his livelihood. He has no connection with the alleged

Patna High Court CR. MISC. No.88327 of 2024(2) dt.08-01-2025 2/2 recovery and he bears no criminal antecedent. It is further submitted that though there is allegation that many of the villagers identified the petitioner but none of them has been made witness to the seizure list, only the police are the witnesses to the seizure list which is against the mandate of law.

5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner and argument advanced on behalf of both sides, the petitioner abovenamed, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge 13th Cum-Special Excise Court No.1, Gopalganj in connection with Bhore P.S. Case No. 214 of 2024, subject to the conditions as laid down under Section 482 of the BNSS.

7. The application stands allowed.

(Alok Kumar Pandey, J) Amandeep/- U T