Ramesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11724 of 2019 Arising Out of PS. Case No.-321 Year-2018 Thana- SAKRA District- Muzaffarpur ====================================================== Ramesh Kumar, Son of Ram Vikash Singh @ Ram Vikash Mahto Resident of Village - Sarmastpur Pakari, P.S.- Sakra, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anish Kumar, Advocate.

For the Opposite Party/s :

Ms. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 26-02-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Sakra P.S. Case No. 321 of 2018 dated 21.07.2018 instituted for the offences under Sections 272 and 273 of the Indian Penal Code and under Section 30(A), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

A huge consignment of liquor is said to have been recovered from a truck which was found parked. The name of the petitioner has transpired in the secret information provided to the police that the petitioner and others have been indulging in the sale and purchase of liquor.

Learned counsel for the petitioner has

Patna High Court CR. MISC. No.11724 of 2019(2) dt.26-02-2019 2/2 submitted that his implication in the present case is only on the basis of such secret information, the source of which has remained elusive till date. It has further been submitted that under similar circumstances another accused has been granted anticipatory bail by order dated 12.10.2018 passed in Cr. Misc. No. 64365 of 2018.

Regard being had to the fact that there is no recovery either from the possession or constructive possession of the petitioner and the fact that the petitioner does not have criminal antecedents, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Muzaffarpur in connection with Sakra P.S. Case No. 321 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) krishna/- U T