Ranjeet Kumar @ Ranjeet Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31666 of 2023 Arising Out of PS. Case No.-243 Year-2019 Thana- JOGBANI District- Araria ====================================================== RANJEET KUMAR @ RANJEET KUMAR YADAV S/O GANGA PRASAD YADAV R/O Village- Rampur, P.S- Baluwa Bazar, Distt.- Supaul (Owner of the Motorcycle Registration No. BR38D-5425, Chesis No. MD2DHDH22UCG94579, Engine No. DHGBUG-93001).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha For the Opposite Party/s :

Mr. Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-05-2023 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) and 38(I) 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 39.9 liters of liquor from a motorcycle and the accused fled.

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 the petitioner had sold his motorcycle to Md. Shahbaz in the year 2018 i.e., much prior to the date of the

Patna High Court CR. MISC. No.31666 of 2023(2) dt.23-05-2023 2/2 occurrence, it is further submitted that had the petitioner being the owner of the motorcycle then definitely, as a prudent person, would not have used his own vehicle for committing a crime and thus would have created evidence against himself and hence would get implicated easily when admittedly, the 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 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 Jogbani P.S. Case No. 243 of 2019 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T