Ramesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37274 of 2018 Arising Out of PS. Case No.-268 Year-2018 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Ramesh Kumar, Son of Late Ashok Chaudhary, resident of Mohalla Jee Chaudhary Gali, Sutapatti (Saraiyaganj Tower), P.S. Town, District Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Nachiketa Jha For the Opposite Party/s :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 29-06-2018 Heard Sri Nachiketa Jha, learned counsel for the petitioner and learned Additional Public Prosecutor. The sole petitioner, apprehending his arrest in connection with Muzafarpur Town P.S. Case No. 268 of 2018, registered for the offence under Section 272 /273 of the Indian Penal Code , 1860 and Section 30(a) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender.

Learned counsel for the petitioner at the very outset submits that petitioner is having clean antecedent, which fact has been stated in paragraph no. 3 of the petition. He further submits that petitioner has falsely been implicated in the case in which though Police had noticed one person throwing a bag

Patna High Court Cr.Misc. No.37274 of 2018(2) dt.29-06-2018 2/2 containing Indian make foreign liquor, he was not apprehended, but subsequently, it was asserted as if some of the local persons disclosed the name of petitioner, who had fled away. On going through the F.I.R. learned counsel for the petitioner submits that involvement of petitioner appears to be completely doubtful. Be that as it may, considering the fact that petitioner is having clean antecedent as well as nature of accusation, in the event of his arrest or surrender within a period of six weeks from today, let petitioner Ramesh Kumar be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Act Muzaffarpur / concerned court in connection with Muzaffarpur Town P.S. Case No. 268 of 2018 subject to the conditions as contemplated under Section 438(2) of the Code of Criminal Procedure, 1973. (Rakesh Kumar, J) praful/- U T