Raja Kumar @ Om Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16058 of 2023 Arising Out of PS. Case No.-19 Year-2023 Thana- HAJIPUR SADAR District- Vaishali ====================================================== RAJA KUMAR @ OM PRAKASH KUMAR S/O SHRI UMESH RAI R/O VILL- LALPOKHAR CHAK JAGISHPUR, P.S- HAJIPUR SADAR, DISTT.- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anish Kumar, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-05-2023 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 offences punishable under Section 414 of the Indian Penal Code & under Section 30(a), 36 and 41(i) Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 843.840 liters of liquor from a Bolero pick-up van. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession. It is

Patna High Court CR. MISC. No.16058 of 2023(2) dt.03-05-2023 2/2 also submitted that petitioner is neither the owner nor the driver of the vehicle and he came to be implicated based on secret information which is the easiest way to implicate an innocent person.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Hajipur Sadar P.S. Case No. 19 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T