Allowed

Subash Ram v. the State of Bihar

Patna HC15 Jul 2022CR. MISC./8778/2022

Case brief

AI extract

What is this about?

This is an oral order granting anticipatory bail to the petitioner in a case under the Bihar Prohibition and Excise Act. The High Court directed the petitioner to remove defects within three weeks and allowed bail upon signing the appropriate bail bond and furnishing security.

What did the court decide?

Petitioner granted bail to be enlarged upon arrest or surrender within six weeks, subject to depositing Rs. 25,000 with two sureties of Rs. 25,000 each.

Subash Ram Vs the State of Bihar — Anticipatory Bail | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8778 of 2022

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Arising Out of PS. Case No.-229 Year-2021 Thana- RAGHUNATHPUR District- Siwan

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======================================================

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Subash Ram Son Of Late Mogal Ram R/O Village- Belwar, P.S.Raghunathpur, District- Siwan

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Gajendra Kumar Singh For the Opposite Party/s : Mr.Braj Kishore Pd.(App) ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 15-07-2022

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Heard learned counsel for the petitioner and learned

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APP for the State.

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Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

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The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

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Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 16 liters of country made liquor is said to have recovered near the house of the petitioner. He further submits that petitioner has no criminal antecedent as

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Patna High Court CR. MISC. No.8778 of 2022(2) dt.15-07-2022 2/3

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stated in para-3 of the bail application.

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Petitioner is agreed to deposit a sum of Rs. 10,000.00 (Rupees Ten Thousand) in the Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

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Considering the facts and circumstance of the case, let the above named petitioner, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Raghunathpur P.S. Case No. 229 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., with further conditions:

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(1) that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to who he is related with the petitioner. He will also undertake to inform the court if there is any change in the address of the petitioner.

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(II) that the bailor shall also stated on affidavit that he

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Patna High Court CR. MISC. No.8778 of 2022(2) dt.15-07-2022 3/3

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will inform the Court concerned if the petitioner is implicated in any other case of similar nature after her release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.

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The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of the aforesaid amount in the Patna High Court Legal Services Committee, Patna.

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(Anjani Kumar Sharan, J)

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devendra/-

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U T

Subash Ram v. the State of Bihar

Case brief

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Subash Ram v. the State of Bihar

Case brief

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