Bhukhan Ram @ Bhusan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56357 of 2019 Arising Out of PS. Case No.-320 Year-2019 Thana- ARA NAGAR District- Bhojpur ====================================================== BHUKHAN RAM @ BHUSAN PRASAD, Son of Late Jamuna Ram Resident of Village - Jamira , P.S.- Ara (M), Dist.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-09-2019 Heard leaned counsel for the petitioner and the leaned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Excise Case No. 1348 of 2019, arising out of Ara Town P.S. Case No. 320 of 2019, registered under Section 30(A) of the Bihar Prohibition and Excise Act, pending in the court of the Addl. Sessions Judge-IV-cum-Special Judge, Excise, Bhojpur at Ara.

The accusation is that on receiving the secret information about carrying of illicit liquor loading on the motorcycle by the petitioner, the informant along with other Police personnel reached at Jamira road. At that time, the petitioner was seen on motorcycle bearing registration No. BR03W-5878 having a plastic sack. On seeing the Police, he

Patna High Court CR. MISC. No.56357 of 2019(2) dt.05-09-2019 2/2 fled away leaving the motorcycle and sack. On search, 16 liters of country made liquor recovered.

Learned counsel appearing on behalf of the petitioner submits that petitioner was not apprehended on the spot. Further submission is that the motorcycle of the petitioner was taken by his friend and petitioner had no knowledge about carrying of alleged liquor on his motorcycle. The petitioner has no criminal antecedent.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial Court within four weeks and pray for regular bail, which would be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) manish/- U T