Sagar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2208 of 2019 Arising Out of PS. Case No.-190 Year-2018 Thana- GOVINDPUR District- Nawada ====================================================== Sagar Kumar, son of Suresh Prasad Yadav, Vill-Tabbal Bigha, Maharganj, Thali, P.S-Govindpur,Dist.-Nawada.

... ... Petitioner/s

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sheo Kumar Prasad,Adv.

For the Opposite Party/s :

Mr.Md. Ansarul Haque,Adl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 25-01-2019 Heard learned counsel for the petitioner and learned APP representing the State.

Petitioner is seeking anticipatory bail in connection with Govindpur P.S. Case No.190 of 2018, C.I.S. No.1054 of 2018 registered for the offences punishable under Section 30 (a) of the Excise Act.

Learned counsel representing the petitioner submits that the even though the First Information Report has been registered under the provisions of the Bihar Prohibition and Excise Act, 2016, a bare reading of the same would show that there is no reason why this petitioner's name has been involved. Learned counsel submits that the petitioner was neither the owner of the motorcycle nor the Bolero vehicle which were seized by the police in connection with the alleged offence. The

Patna High Court Cr.Misc. No.2208 of 2019(2) dt.25-01-2019 2/2 name of the petitioner has been brought alleging that he was one of the persons on a motorcycle which was intercepted by the police but he had fled away. Learned counsel submits that the motorcycle was not carrying any illicit liquor and in fact, the owner of the motorcycle was arrested by the police while he was driving the same.

Learned A.P.P. for the State is present.

In the given facts and circumstances, this Court is of the prima-facie view that it may be a good case for grant of regular bail. In case the petitioner surrenders in the learned Court below within a period of four weeks from today and prays for regular bail, his prayer for regular bail shall be considered by the learned Court below keeping in mind the nature of allegations which have been taken note of by this Court hereinabove and the application shall be disposed of on the same day.

This application is disposed of accordingly.

(Rajeev Ranjan Prasad, J) R.R.Ojha/- U T