Ramesh Kumar @ Ramesh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27766 of 2023 Arising Out of PS. Case No.-456 Year-2022 Thana- SAHPUR District- Patna ====================================================== RAMESH KUMAR @ RAMESH RAY SON OF SRI AMBIKA RAI R/O VILLAGE- MOBARAKPUR KRISHI FARAM, P.S.- SHAHPUR (DANAPUR), DISTRICT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Sinha For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-05-2023 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 Sections 30(a), 41 and 56 of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 90 liters of liquor from an Auto. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that petitioner being owner of the Auto, came to be implicated, it is further submitted that no prudent person would

Patna High Court CR. MISC. No.27766 of 2023(2) dt.17-05-2023 2/2 use his own vehicle for committing a crime and thus would create an evidence against himself and hence would get implicated easily, it is next submitted that the petitioner was completely unaware that the driver of the Auto would misuse the vehicle in the manner as alleged which also has the effect of adversely affecting his livelihood.

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 Shahpur P.S. Case No. 456 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T