Raman Kumar @ Raman Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14156 of 2023 Arising Out of PS. Case No.-390 Year-2022 Thana- HARLAKHI District- Madhubani ====================================================== RAMAN KUMAR @ RAMAN KUMAR SHARMA S/O RAVINDRA THAKUR Resident of Village- Raima, P.S.- Saharghat, District- Madhubani. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-05-2023 Heard the parties.

The petitioner apprehends his arrest in connection with Harlakhi PS Case No. 390 of 2022 corresponding to G.R. No. 2243 / 2022 dated 18-11-2022 registered under Section 272 / 273 / 34 of the IPC and Section 30 (a) of the Bihar Prohibition and Excise Act, 2022.

As per the allegation Police intercepted three motorcycles, which were being driven by three different persons and upon seeing the Police party, the accused persons started fleeing away, and out of three, two succeeded in the same and one Akash Kumar was apprehended and a total quantity of 27 liters of Nepali Soffi liquor has been recovered from the seized motorcycles. The

Patna High Court CR. MISC. No.14156 of 2023(3) dt.30-05-2023 2/3 name of the petitioner has been disclosed by the arrested co-accused.

Learned counsel for the petitioner submits that petitioner has a clean antecedent and he has falsely been implicated in this case on the basis of disclosure of his name by the arrested co-accused. He next submits that motorcycles in question do not belong to the petitioner and no liquor has been recovered from the conscious possession and / or vehicle belonging to the petitioner. Regard being had to the submission made by the parties, taking into consideration the fact that name of the petitioner has transpired on the basis of disclosure of his name by the arrested co-accused and the petitioner is not the owner of the motorcycles in question, I am inclined to grant anticipatory bail to the petitioner.

Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge -II cum Special Judge

Patna High Court CR. MISC. No.14156 of 2023(3) dt.30-05-2023 3/3 Excise Act, Madhubani in connection with Harlakhi PS Case No. 390 of 2022 corresponding to G.R. No. 2243 / 2022 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anil Kumar Sinha, J) praful/- U T