Ramu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19164 of 2017 Arising Out of PS.Case No. -231 Year- 2016 Thana -MOHIUDDIN NAGAR DistrictSAMASTIPUR ====================================================== Ramu Kumar, son of Tej Narayan Sahni, Resident of Village- Raipur, P.S.- Sarairanjan, District- Samastipur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Abhay Shankar Singh, Advocate.

For the Opposite Party : Mr. Nagendra Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-07-2017 Heard both sides.

The petitioner apprehends his arrest in Mohiuddinnagar P.S. Case No. 231 of 2016 registered for the offences punishable under Sections 30 and 38 of the Bihar Excise (Amendment) Act, 2016.

The informant alleged that he intercepted a Scorpio vehicle bearing Registration No. UP-16AQ-0036 but the driver Ramu Kumar and others namely Jitendra @ Jittu and Ashok Sahni @ Phulo managed to flee away. From the vehicle huge quantity of country made liquor was recovered.

Learned counsel for the petitioner submits that the informant was not well acquainted with the petitioner but he claimed to have identified the petitioner from the backside while

Patna High Court Cr.Misc. No.19164 of 2017 (4) dt.12-07-2017 2/2 the petitioner was fleeing away. The factum of identification is not believable but it appears that the informant has very categorically stated that he identified the driver of the vehicle. From the vehicle huge quantity of country made liquor was recovered. Considering the nature of allegation, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T