Shravan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1093 of 2025 Arising Out of PS. Case No.-32 Year-2024 Thana- JHANJHARPUR District- Madhubani ====================================================== Shravan Ram S/O Dukhan Ram R/O Village- Deep, P.S- R.S. Jhajharpur, Dist.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baleshwar Kamat For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-02-2025

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 Jhanjharpur Police Station Case No. 32 of 2024, dated 18.02.2024, disclosing offence under Sections 272/273 of the Indian Penal Code and 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 a consignment of illicit liquor was to come on a motorcycle near Jhanjharpur Bhandari Tola, reached the place of occurrence and saw that two persons were coming on a motorcycle having two plastic sacks and on seeing the police, they tried to flee away leaving behind the

Patna High Court CR. MISC. No.1093 of 2025(2) dt.24-02-2025 2/3 motorcycle and plastic sacks and succeeded in fleeing away. On search, the police recovered 90 litres of illicit Nepali country-made liquor.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case merely because he happens to be the registered owner of the motorcycle in question. He further submits that the First Information Report has been lodged against unknown. He further submits that the motorcycle of the petitioner was borrowed by co-villager for purchasing medicines and he was not aware about the illicit liquor being transported on his motorcycle. He further submits that the petitioner has got no criminal antecedent.

5. Regards being had to the submission advanced on behalf of the parties concerned and taking into consideration the justification given by the petitioner and the fact that the petitioner has got no criminal antecedent, 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/-

Patna High Court CR. MISC. No.1093 of 2025(2) dt.24-02-2025 3/3 (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court, Jhanjharpur, Madhubani, in connection with Jhanjharpur Police Station Case No. 32 of 2024, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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