Rajesh Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46193 of 2019 Arising Out of PS. Case No.-12 Year-2019 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Rajesh Kumar Sharma, aged about 32 years, Male, Son of Sitaram Sharma Resident of Village - Panapur Langa (Lohar Toli), P.S.- Sadar, Distt - Hajipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Sinha, Advocate For the Opposite Party/s :

Ms.Gulnar Begum, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 26-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is seeking anticipatory bail in connection with Sadar Hajipur P.S. Case No. 12/2019 registered under Sections 414/34 of the Indian Penal Code and under Sections 30(a) of the Bihar Excise and prohibition Act, 2018 and U/s 25(1-B) (A)/26/35 of the Arms Act.

Learned counsel for the petitioner submits that the illicit liquor of 45 liters have been seized from the Celerio Car but the petitioner was not present in the Car. Learned counsel submits that the Car was being misused by the driver without any knowledge on his part as also that the petitioner has no criminal antecedent.

Learned A.P.P. for the State has opposed the prayer for

Patna High Court CR. MISC. No.46193 of 2019(3) dt.26-09-2019 2/2 anticipatory bail of the petitioner.

Considering the facts and circumstances of the case where the illicit liquor of 45 liters is said to have been seized from the Celerio Car of this petitioner, but the petitioner was not present in the said Car and it is his contention that the Car was being misused by the driver without any knowledge on his part as also that the petitioner has no criminal antecedent, let the petitioner, above-named, in the event of his arrest/surrender before the court below within a period of four weeks, be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge - II - cum-Special Judge, Excise, Vaishali at Hajipur, in connection with Sadar Hajipur P.S. Case No. 12/2019, subject to condition prescribed under Section 438(2) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J) Rajeev/- U T