Patna High CourtCR. MISC./39187/2020bail granted

Ramjee Kumar v. The State Of Bihar

2021-05-04Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39187 of 2020 Arising Out of PS. Case No.-7 Year-2020 Thana- IMADPUR District- Bhojpur ====================================================== RAMJEE KUMAR S/o Fagu Paswan R/o Village- Sedhan, P.S.- Tarari, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-05-2021 Heard Mr. Uday Kumar, learned counsel for the petitioner and Mr. Narsingh Tanti, learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Imadpur P.S. Case No. 07 of 2020 instituted for the offence under Section 30 (a) of the Bihar Prohibition and Excise Act, 2018.

One Budhu Paswan is said to have been arrested with 12 litres of liquor while he was riding a motorcycle. The petitioner is sought to be prosecuted in this case as the motorcycle in question belongs to him.

Learned counsel for the petitioner has submitted that the recovery has been made from the brother-in-law of the petitioner who had borrowed his motorcycle for taking his mother to Doctor for her treatment. The petitioner had no idea

Patna High Court CR. MISC. No.39187 of 2020(2) dt.04-05-2021 2/2 that his motorcycle shall be used for such unauthorized purpose. The petitioner does not have criminal antecedents.

Considering the afore-stated facts and taking into account that neither the petitioner has been named in the F.I.R. nor anything has been recovered from him, he is directed to be released on bail in the event of his arrest or surrender before the Court below within a period of eight weeks from the date of receipt / production of a copy of this order on furnishing bail bonds in the sum of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of like amount each to the satisfaction of learned 4th Additional Sessions Judge-cum-Special Judge Excise Act, Bhojpur at Arrah, in connection with Imadpur P.S. Case No. 07 of 2020, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T