Vishal Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90188 of 2024 Arising Out of PS. Case No.-74 Year-2024 Thana- Sinha District- Bhojpur ====================================================== Vishal Ram S/O Rajendra Ram R/O Vill.- Lakshmipur Dom Toli,P.S- Sinha, Dist.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-01-2025

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 Sinha Police Station Case No. 74 of 2024, dated 03.11.2024, 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 that the petitioner, who used to sell illicit liquor, is going towards Pandey Tola on a motorcycle, reached at Sinha Chowk and saw a person coming on a motorcycle and signalled him to stop, but seeing the police, said person fled away leaving the motorcycle. On search, the police recovered 30 litres of illicit country-made liquor from the motorcycle in

Patna High Court CR. MISC. No.90188 of 2024(2) dt.28-01-2025 2/3 question.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case merely on the basis of disclosure of his name by the village Chowkidawr. He further submits that the petitioner has got no concern with the recovered illicit liquor and he is also not the owner of the motorcycle in question.

5. Regards being had to the submission advanced on behalf of the parties concerned and taking into consideration the fact that the petitioner is not the owner of the motorcycle in question and his name transpired in this case on the disclosure made by the Chowkidar, 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 No. I, Bhojpur, at Ara, in connection with Sinha Police Station Case No. 74 of 2024, subject to the

Patna High Court CR. MISC. No.90188 of 2024(2) dt.28-01-2025 3/3 condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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