Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60234 of 2022 Arising Out of PS. Case No.-408 Year-2021 Thana- GAIGHAT District- Muzaffarpur ====================================================== RAJA KUMAR S/O Guddu Ray @ Guddu Ram R/O Village- Mahammadpur Sura, P.S- Gaighat, Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan No.II, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272 and 273/34 of the Indian Penal Code and Sections 30(a), 36 and 41(i) of the Bihar Prohibition & Excise Act, 2018. Allegedly, it is a case of recovery of only 360 ml of illicit liquor from co-accused Rangesh Kumar. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that he has no concern with the seized liquor and no incriminating article has been recovered from the conscious possession of the petitioner and petitioner has not been apprehended at the spot and the name of the petitioner

Patna High Court CR. MISC. No.60234 of 2022(2) dt.18-11-2022 2/2 came into light on the basis of apprehended co-accused Rangesh Kumar. Petitioner has clean antecedent.

After considering the fact that meagre quantity of liquor has been recovered, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four 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 Exclusive Special Judge, Excise Court No.I, Muzaffarpur in connection with Gaighat P.S. Case No. 408 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T