Ravi Bhushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21742 of 2024 Arising Out of PS. Case No.-208 Year-2021 Thana- Excise P.S. District- Gaya ====================================================== Ravi Bhushan Kumar Son Of Gulabchand Singh Resident Of VillageDharhara, Ps- Belganj, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aryan Singh, Adv For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

2. The petitioner apprehends his arrest in connection with Excise P.S Case No. 208 of 2021 registered for the offence punishable under Section 30(a), 56(b) of the Bihar Prohibition & Excise Amendment Act.

3. As per the prosecution case, 8.145 litres of foreign liquor was recovered from the scooty driven by Rohit Kumar, son of the petitioner.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. The petitioner is the owner of the said scooty. No incriminating article has been recovered from the possession of the petitioner. The petitioner has no concern with the seized

Patna High Court CR. MISC. No.21742 of 2024(2) dt.02-04-2024 2/2 liquor. The alleged recovery of liquor from the scooty in question is registered in the name of the petitioner and the petitioner is pillion ridder so the petitioner is implicated in this case. There is no compliance of Section 100 of the Cr.P.C. The petitioner has clean antecedent.

5. Learned APP for the State Opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of the parties, in the event of his arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs, 20,000/- ( twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-III, Gaya/ concerned court in connection with Excise Case No. 208 of 2021, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Chandra Prakash Singh, J) N.K/- T