Ratneshwar Kumar @ Ratnesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29614 of 2018 Arising Out of PS. Case No.-17 Year-2018 Thana- PAROO District- Muzaffarpur ====================================================== Ratneshwar Kumar @ Ratnesh Kumar S/o Makeshwar Rai, R/o Vill.- Ram bhelahi, P.S.- Parhar, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar For the Opposite Party/s :

Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 37(b)(c)(d), 32(3) and 38(2) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that in a raid conducted by the police, the accused persons were arrested in drunken state.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired on the basis of disclosure made by the co-accused namely Tulsi Rai. The said co-accused is alleged to have been apprehended in a

Patna High Court Cr.Misc. No.29614 of 2018(2) dt.14-05-2018 2/2 drunken state. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. There is no recovery of liquor in this case. The petitioner had no knowledge regarding the alleged incident.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/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.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Paroo P.S. Case No. 17 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T