Shashi Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57285 of 2019 Arising Out of PS. Case No.-710 Year-2018 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== SHASHI RANJAN KUMAR S/o Nagendra Mahto R/o Miraganj, P.S.- Begusrai Town, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Sinha For the Opposite Party/s :

Ms.Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Begusarai Mufassil (Singhaul O.P.) Police Station Case No. 710 of 2018, disclosing offence under Sections 30(a)/32 of the Bihar Prohibition and Excise Act, 2016. The allegation against the petitioner, as per the First Information Report, is that the police intercepted one motorcycle and arrested two persons and recovered 540 ml. of illicit liquor from them.

Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case merely on the basis of the fact that he is the owner of the motorcycle inasmuch as the person, who was driving the motorcycle, is the full brother of the petitioner, who, being the

Patna High Court CR. MISC. No.57285 of 2019(2) dt.11-09-2019 2/2 family member, had taken the motorcycle and was caught by the police along with his accomplice, namely, Raju Kumar, and from whose possession, 540 ml. of illicit liquor was recovered. After having heard learned Counsel for the parties concerned and taking into consideration the fact that the brother of the petitioner has been caught by the police along with the motorcycle belonging to the petitioner and the justification given by the petitioner is cogent, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, Shashi Ranjan Kumar, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge -cum- Special Judge, Excise, Begusarai, in connection with Begusarai Mufassil (Singhaul O.P.) Police Station Case No. 710 of 2018, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √