Dablu Ram @ W. Ram v. The State of Bihar
Case at a glance
- Bench
- SATYAVRAT VERMA
Provisions considered
- Bihar Prohibition and Excise Act, 2016 s. 30(a)
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA Mr. Ayush Kumar, Advocate Mr. Arun Kumar, A.P.P. ORAL ORDER 2 15-04-2024
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.
Allegation is of recovery of 10 litres of liquor from a bamboo shop of Sakchan Ram.
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 the alleged recovery is from a shop which does not belong to the petitioner. It is further submitted that petitioner has no concern with Sakchan Ram and petitioner came to be implicated based on the secret information which is the easiest way to implicate someone, when petitioner Patna High Court CR. MISC. No.27942 of 2024(2) dt.15-04-2024 admittedly is a person with clean antecedent.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
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 from today, be released on anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees Five Hundred) 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 Barharia P.S. Case No. 221 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
However, the learned trial court, before accepting the bail bonds of the petitioner, shall verify the criminal antecedent of the petitioner and if it is found that petitioner has antecedent of even one case in that event the present anticipatory bail order shall not be given effect to. (Satyavrat Verma, J) Kundan/- U T
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.