Rajip @ Rajiv Kumar @ Ranjit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23260 of 2023 Arising Out of PS. Case No.-446 Year-2022 Thana- SONEPUR District- Saran ====================================================== RAJIP @ RAJIV KUMAR @ RANJIT KUMAR SON OF CHANDESHWAR RAY R/O VILLAGE- RAHIMPUR, WARD NO.3, P.S.- SONEPUR, DISTRICT- SARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Chandra Gandhi, Advocate For the Opposite Party/s :
Mr. Shantanu Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-05-2023 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 offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. Allegation is of recovery of 40 litres of liquor near Rahimpur bamboo plantation.
Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated by the local people but then the name of the local people is not disclosed in the FIR which creates doubt with
Patna High Court CR. MISC. No.23260 of 2023(2) dt.16-05-2023 2/2 regard to the veracity of the allegation as alleged in the FIR. It is further submitted that petitioner is not the owner of the bamboo plantation and he has been implicated falsely in order to save the real culprits when admittedly petitioner is a person with clean antecedent.
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 Court below 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 court below where the case is pending/successor court in connection with Sonepur P.S. Case No. 446 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Kundan/- U T