Rambabu Rai @ Rambabu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6234 of 2023 Arising Out of PS. Case No.-14 Year-2022 Thana- PANAPUR District- Saran ====================================================== Rambabu Rai @ Rambabu Kumar, Son of Mahesh Ray, Resident of VillageBanoura, P.O.- Usari Bazar, P.S.- Baikunthpur, District- Gopalganj ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Naresh Prasad, Adv.

For the Opposite Party/s :

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-04-2023 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 30(a), 30 and 41 of the Bihar Prohibition and Excise Act, 2016.

As per prosecution case, 1200 liters country made liquor has been recovered from sand near a Sisam tree and five motorcycles.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. Petitioner has been made accused in the present case only on the basis of confessional statement of co-accused namely Laxman Kumar Singh. Petitioner is neither driver nor owner of the vehicles in question. No incriminating material has been recovered from the

Patna High Court CR. MISC. No.6234 of 2023(2) dt.13-04-2023 2/2 conscious possession of the petitioner. Petitioner has got no criminal antecedent.

Considering the aforesaid facts and circumstances, let the above named petitioner in the event of his arrest/surrender before the court below within a period of thirty days from the date of receipt/production of copy of this order, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise II, Saran at Chapra in Panapur P.S. Case No. 14 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) lata/- U T