Ranjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45666 of 2016 Arising Out of PS.Case No. -74 Year- 2016 Thana -KUTUMBA District- AURANGABAD ====================================================== Ranjit Kumar S/o Anil Kumar resident of Mohalla- Babu Ganj, P.S.- Rafiganj, District- Aurangabad.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Bhaskar Shankar, Advocate.

For the Opposite Party : Mr. Narendra Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-11-2016 Heard both sides.

The petitioner apprehends his arrest in Kutumba P.S. Case No. 74 of 2016 registered for the offences punishable under Section 47(A) of the Excise Act.

The police intercepted the motorcycle but the motorcyclist managed to flee away. On search, 56 pouches each containing 200 ML country made liquor were recovered from the motorcycle. The petitioner is the owner of the motorcycle. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the case. Small quantity of country made liquor was recovered. The petitioner is resident of Rafiganj which is far away from the place of occurrence. Considering the facts that about 14 liters of country

Patna High Court Cr.Misc. No.45666 of 2016 (2) dt.25-11-2016 2/2 made liquor was recovered from the motorcycle of the petitioner, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected. However, the petitioner, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, his prayer shall be considered on its own merit without being prejudiced by this order and taking into consideration that small quantity of country made liquor was recovered and dispose of the bail petition preferably on the same day.

(Prabhat Kumar Jha, J.) KKSINHA/- U T