Chaali Kumar @ Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52686 of 2024 Arising Out of PS. Case No.-150 Year-2023 Thana- JURAWANPUR District- Vaishali ====================================================== Chaali Kumar @ Ranjan Kumar, Son of Mirjanand Rai @ Mirja Rai, R/O Vill.- Bishanpur Said Ali, P.S.- Bidupur, Dist.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aniket Singh, Advocate For the Opposite Party/s :

Mr. Braj Kishore Prasad, (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-08-2024

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. The petitioner apprehends his arrest in connection with Judawanpur P.S. Case No. 150 of 2023 dated 01.10.2023 registered for the offence punishable under Section 30(a) of Bihar Prohibition & Excise Act.

3. Mr. Aniket Singh, learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and he was not apprehended from the place of occurrence and the name of the petitioner has surfaced due to disclosure made by the apprehended co-accused. It is further submitted that the petitioner is neither the owner of the alleged vehicle nor

Patna High Court CR. MISC. No.52686 of 2024(2) dt.28-08-2024 2/3 he was rider of the alleged vehicle at the time of recovery and nothing has been recovered from his possession and there was no independent witness at the time of preparing of seizure list and he has got no criminal antecedent.

4. Mr. Braj Kishore Prasad, learned APP appearing for the State has opposed the bail prayer.

5. Having considered the submissions noted-above and mainly the facts that in respect of petitioner's involvement in the alleged crime relating to the smuggling of the illicit liquor on a motorcycle the prosecution is mainly relying upon the statement made by the apprehended co-accused and the petitioner has taken the plea that he is not the owner of the seized motorcycle and has not remained involved earlier in any similar type of occurrence like the present matter and further he is said to be 20 years old person, in my opinion, the petitioner has made out a good case for the relief he has sought and deserves to the privilege of anticipatory bail. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Judawanpur P.S. Case No. 150 of 2023 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like

Patna High Court CR. MISC. No.52686 of 2024(2) dt.28-08-2024 3/3 amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Shailendra Singh, J) Rajiv/- U T