Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33870 of 2022 Arising Out of PS. Case No.-411 Year-2020 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Raja Kumar, S/O Devendra Paswan Resident Of Village- Patahi Roop, P.S.- Muzaffarpur Sadar, District- Muzaffarpur.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar Singh For the Opposite Party/s :

Mr. Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 147, 148, 149, 341, 323, 332, 353 of the I.P.C. and Sections 30(a) and 45 of the Excise Act, 2016.

The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and the allegation is of recovery of 34.560 litre of liquor from a Maruti car. The 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 is neither the owner, nor the driver of

Patna High Court CR. MISC. No.33870 of 2022(2) dt.18-08-2022 2/2 the Maruti car. It is also submitted that police in order to save the real culprit has falsely alleged in the F.I.R. that they apprehended this petitioner, but he fled.

The learned Additional Public Prosecutor opposes the anticipatory bail application.

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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Muzaffarpur Sadar P. S. Case No.411 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T