Ram Kumar @ Raj Kumar @ Ram Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30484 of 2022 Arising Out of PS. Case No.-135 Year-2021 Thana- GAIGHAT District- Muzaffarpur ====================================================== RAM KUMAR @ RAJ KUMAR @ RAM KUMAR RAI S/o Ram Chandra Rai R/o village- Gangraha, P.S.- Gaighat (Benibad O.P.), DistrictMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a), 36 and 41(1) of the Bihar Excise Act read with Sections 272, 273, 414 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 558.720 liter of liquor from a truck. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, further the petitioner is neither the owner nor the driver of the vehicle and

Patna High Court CR. MISC. No.30484 of 2022(2) dt.12-08-2022 2/2 he came to be implicated at the instance of local people, it is next submitted that F.I.R. does not disclose the name of the local person who informed about the petitioner and it appears that in order to save the real culprits, a person with clean antecedent has been roped in the present case.

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. 2,000/- (Rupees Two 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 Gaighat P.S. Case No. 135 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T