Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52272 of 2024 Arising Out of PS. Case No.-129 Year-2023 Thana- KORMA District- Sheikhpura ====================================================== Raushan Kumar Son of Dheena Ram R/O Vill.- Ramnubigha, P.S.- Mehua, Dist.- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar, Advocate For the Opposite Party/s :

Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Korma P.S. Case No.129 of 2023 instituted under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 10 litres country made liquor was recovered from Honda motorcycle and two accused persons, namely, Amarjeet Kumar and Gore Manjhi were apprehended on the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to the reason that he is the owner of the seized motorcycle. The said motorcycle was being driven by coaccused Amarjeet Kumar (younger brother of the petitioner) and

Patna High Court CR. MISC. No.52272 of 2024(2) dt.21-08-2024 2/2 the petitioner had no knowledge about illicit liquor. There is no recovery of liquor from conscious possession of the petitioner and he has no concern with the recovered liquor. The petitioner has one criminal antecedent in which he is on bail. The petitioner undertakes to cooperate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Sheikhpura in connection with Korma P.S. Case No.129 of 2023 subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Harish/- U T