Ratnesh Kumar Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55602 of 2023 Arising Out of PS. Case No.-25 Year-2021 Thana- TISIAUTA District- Vaishali ====================================================== RATNESH KUMAR BHARTI SON OF UMANATH BHARTI RESIDENT OF VILLAGE BHAGWANPUR JANDAHA PS JANDAHA, DISTVAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kishore Thakur, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case.

4. Allegation is of recovery of 106.53 litres of liquor from an Alto car.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated on the ground that he is owner of the seized vehicle.

Patna High Court CR. MISC. No.55602 of 2023(2) dt.25-08-2023 2/2 It is further submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create evidence against himself and hence would get implicated. It is next submitted that though the petitioner had sold the car to one Pankaj Kumar Singh but then the ownership was not transferred and it appears that taking advantage of the same, the vehicle was misused by Abhay Kumar who was also arrested from the spot.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Tisiauta P.S. Case No. 25 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T