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Patna High CourtCR. MISC./46483/2024bail granted

Ravi Kumar v. The State Of Bihar

2024-08-07Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46483 of 2024 Arising Out of PS. Case No.-6 Year-2024 Thana- RAJAOLI District- Nawada ====================================================== RAVI KUMAR SON OF RAJO LAL SAO Resident of Village - Shobhiyapur, P.S. - Nawada, District - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manmohan Kumar For the Opposite Party/s :

Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-08-2024

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application for grant of anticipatory bail arises out of Rajouli Police Station Case No. 06 of 2024, disclosing offence under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The prosecution case, as per the First Information Report, is that the police, on secret information, intercepted a scooty and upon seeing the police, the persons riding on the scooty, fled away leaving behind the same. The police seized the scooty and recovered 3.750 litres of illicit liquor from the said scooty. The Chowkidar has disclosed the name of one Guddu Kumar as the person who fled away.

Patna High Court CR. MISC. No.46483 of 2024(2) dt.07-08-2024 2/3

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case because he is the registered owner of the scooty. He further submits that the one friend of the petitioner had borrowed his scooty for going to Rajouli hospital. The petitioner had no knowledge about the illicit liquor being carried in his scooty. He further submits that no illicit liquor has been recovered from his conscious possession. He further submits that the petitioner has got no criminal antecedent.

5. Regards being had to the submission advanced on behalf of the parties concerned and taking into consideration the fact that the petitioner has got no criminal antecedent and the Chowkidar has disclosed the name of one Guddu Kumar as the person who fled away leaving behind the scooty of the petitioner, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties

Patna High Court CR. MISC. No.46483 of 2024(2) dt.07-08-2024 3/3 of the like amount each to the satisfaction of learned Exclusive Court, Excise-2, Nawada, in connection with Rajouli Police Station Case No. 06 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) R.R Sinha/- U √ T √