Param Ram Sharma Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Param Ram Sharma Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on bail on arrest or surrender within six weeks, on bail-bonds of Rs. 15,000/- with two sureties of the like amount each, to the satisfaction of the learned Special Judge Excise-3, Muzaffarpur, in connection with Mushahari P.S. Case No. 33 of 2024, subject to Section 438(2) Cr.P.C. conditions.

Issue for consideration

Whether the petitioner should be granted bail in anticipation of his arrest in Mushahari P.S. Case No. 33 of 2024, registered for offences punishable under Section 30(a) of the Excise Act, 2022. +1 more

Court's answer

In consideration of the submissions of learned counsel for the petitioner, the petitioner is directed, in the event of his arrest or surrender before the learned Court below within a period of six weeks, to be released on bail on furnishing bail-bonds in the sum of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise-3, Muzaffarpur, in connection with Mushahari P.S. Case No. 33 of 2024.

Ratio / Principle

The anticipatory bail release is made subject to the conditions laid down under Section 438(2) of the Cr.P.C., and the application stands allowed.

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court (Criminal Miscellaneous No.22535 of 2024, decided 01-04-2024, Satyavrat Verma, J.) — Petitioner sought in Mushahari P.S. Case No. 33 of 2024 for offences under Section 30(a) of the Excise Act, 2022; counsel noted three antecedent cases against the petitioner and alleged recoveries of 21 litres of liquor from the house of Chunnu Thakur and 32.25 litres from the house of Diwakar Thakur, contending the petitioner was not arrested from the spot, nothing was recovered from his conscious possession, and he was implicated on Diwakar Thakur's custodial confession. APP opposed bail. Court granted anticipatory bail: upon arrest or surrender within six weeks before the Court below, release on bail-bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of like amount each to the satisfaction of the learned Special Judge Excise-3, Muzaffarpur, subject to Section 438(2) Cr.P.C. conditions; application allowed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22535 of 2024

Arising Out of PS. Case No.-33 Year-2024 Thana- MUSAHARI District- Muzaffarpur

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

Param Ram Sharma S/O Ram Kumar Sharma R/O Vill - Chapra Rupnath, P.O. - Chapra Megh, P.S. - Mushahari, Distt. - Muzaffarpur

... ... Petitioner/S

Versus

The State Of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Samir Kumar For the Opposite Party/s : Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 01-04-2024

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act, 2022.

The learned counsel for the petitioner submits that the petitioner has antecedent of three cases and the allegation is of recovery of 21 litres of liquor from the house of Chunnu Thakur and 32.25 litres of liquor from the house of Diwakar Thakur.

The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even alleged recovery is from a place, which does not belong to the

Patna High Court CR. MISC. No.22535 of 2024(2) dt.01-04-2024 2/2

petitioner. It is next submitted that petitioner has no connection or relation with Chunnu and Diwakar and he came to be implicated based on confessional statement of Diwakar Thakur in police custody, which does not have any evidentiary value.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned

counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise-3, Muzaffarpur in connection with Mushahari P. S. Case No.33 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J)

vikash/-

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