Allowed

Ramlochan Sah v. The State of Bihar

Patna HC7 Aug 2024CR. MISC./36561/2024

Case brief

AI extract

What is this about?

This judgment grants anticipatory bail to Ramlochan Sah in a case concerning Sections 272, 273, and 414 of the IPC and Section 30(a) of the Bihar Excise Act. The court conditioned release on surrender within six weeks, furnishing a bond of Rs. 5,000 with two sureties, and directed the trial court to verify antecedents before accepting the bond.

What did the court decide?

Petitioner to be released on anticipatory bail upon surrender within six weeks by furnishing bail bonds of Rs. 5,000 and two sureties, subject to verification of antecedents by the trial court.

Ramlochan Sah Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36561 of 2024

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Arising Out of PS. Case No.-114 Year-2021 Thana- ANDHRAMATH District- Madhubani

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

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Ramlochan Sah son of Shivji Sah Village- Narhi Mahadeomath PsAndharmath Dist- Madhubani

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar Pandey For the Opposite Party/s : Mr. Shyam Bihari Singh

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

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 07-08-2024

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Heard learned counsel for the petitioner and

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learned A.P.P. for the State.

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The office objection is hereby ignored.

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The petitioner apprehends his arrest in a case

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registered for the offences punishable under Sections 272, 273 and 414 of the Indian Penal Code read with Section 30(a) of the Bihar Excise Act.

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Learned counsel for the petitioner submits that petitioner has antecedent of one case and allegation is of recovery of 61.2 liters of liquor from a motorcycle.

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Learned counsel for the petitioner submits that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner of the seized vehicle and he came to be implicated at the instance

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Patna High Court CR. MISC. No.36561 of 2024(2) dt.07-08-2024 2/3

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of local villagers, but then submits that police in majority of the cases implicates either at the instance of Chowkidar or local people in a mechanical manner without holding proper investigation.

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Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that from perusal of the order impugned, it would manifest that the same records that petitioner has antecedent of two cases, but then petitioner at Para-3 has stated that he has antecedent of one case.

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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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Andharamath P.S. Case No. 114 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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However, it is made clear the learned Trial Court before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event if it is

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Patna High Court CR. MISC. No.36561 of 2024(2) dt.07-08-2024 3/3

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found that petitioner has antecedent of more than one case in that event, the present anticipatory bail order shall not be given

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effect to.

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(Satyavrat Verma, J)

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Rishabh/-

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U T

Ramlochan Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ramlochan Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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