Rambabu Prasad @ Bhadae Prasad @Bhadae v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89147 of 2024 Arising Out of PS. Case No.-320 Year-2024 Thana- PANAPUR District- Saran ====================================================== Rambabu Prasad @ Bhadae Prasad @Bhadae Son of Late Ramjanam Prasad Resident of Village - Dubouli, P.S. - Panapur, District - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Avinash Kumar Pandey For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-01-2025

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 Panapur Police Station Case No. 320 of 2024, dated 16.10.2024, 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 that the petitioner is selling liquor in the cattle shed of his house, reached the place of occurrence and on seeing the police, one person fled away. On search, the police recovered 3.08 litres of illicit liquor from the cattle shed of the petitioner. The name of the petitioner transpired in this case on the disclosure made by the local person as the person who

Patna High Court CR. MISC. No.89147 of 2024(2) dt.23-01-2025 2/3 fled away on seeing the police.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the disclosure of his name by the local persons, with whom he has inimical terms. He further submits that the illicit liquor has been recovered from the cattle shed, which is an open space.

5. Regards being had to the submission advanced on behalf of the parties concerned and taking into consideration the fact that the name of the petitioner transpired in this case by the local people and the illicit liquor has been recovered from the cattle shed situated outside the house of the petitioner, 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 four weeks, 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 Exclusive Special Excise Court, Saran, at Chapra, in connection with Panapur Police Station Case No. 320 of 2024, subject to the

Patna High Court CR. MISC. No.89147 of 2024(2) dt.23-01-2025 3/3 condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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