Kundan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55557 of 2019 Arising Out of PS. Case No.-137 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== Kundan Ram, aged about 24 years, male, Son of Balindra Ram, Resident of Village- Birwat Bajar, P.S.- Uchagaon, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Srivastava, Adv.

For the Opposite Party/s :

Ms. Renuka Ratnakar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-09-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner apprehends his arrest in connection with Excise Case No. 137 of 2019 registered under section 30 (a) of Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner, as per the first information report, is that the police on a secret information intercepted one Honda Shine Motorcycle and the person sitting on the motorcycle tried to flee away but police apprehended one person and another person succeeded in fleeing away. The police recovered total quantity of 18 liters of illicit liquor from the motorcycle.

Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of his name being disclosed by the arrested co-accused.

Patna High Court CR. MISC. No.55557 of 2019(2) dt.03-09-2019 2/2 Learned counsel further submits that the motorcycle from which illicit liquor was recovered does not belong to the petitioner. After having heard learned counsel for the parties and taking into consideration the fact that no illicit liquor has been recovered from the conscious possession of the petitioner or the vehicle owned by the petitioner and the motorcycle does not belong to the petitioner as stated by him in paragraph 7 and 8 of this application, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cumSpecial Judge, Gopalganj in connection with Excise Case No. 137 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anil Kumar Sinha, J) Anjula/- U