Ramnath Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59591 of 2023 Arising Out of PS. Case No.-338 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== Ramnath Kumar, aged about 25 years, Gender-Male, Son of Kedar Rai, Resident of Village- Kuleshra, P.S. Sakra, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar, Advocate For the State :
Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Utpad Thana P.S. Case No. 338 of 2023 dated 16.02.2023 instituted under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, there is recovery of total 486 litres illicit foreign liquor from the pick-up van near the house of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner is neither the owner of the pick-up van nor the driver of the said vehicle and has no concern with the
Patna High Court CR. MISC. No.59591 of 2023(2) dt.08-09-2023 2/2 seized liquor. The petitioner has no concern with the other coaccused persons. The petitioner has no criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise Court No. II, Muzaffarpur in Utpad Thana P.S. Case No. 338 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) P. Kumar U T