Ramashray Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57297 of 2019 Arising Out of PS. Case No.-157 Year-2019 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== Ramashray Singh, Son of Late Ramashankar singh Resident of Village Kalani, P.S.- Ramgarh, District Kaimur at Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-09-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Ramgarh P.S. Case No.157 of 2019 for the offence punishable under Sections 30(a)/56(d) of Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner as per the First Information Report is that police intercepted a motorcycle and on seeing the police party, the person, who was driving the motorcycle, fled away. The police recovered a total quantity of 20 bottles of illicit liquor containing 180 ML each. The local chowkidar has identified the petitioner, who fled away from the place of occurrence.

Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in this case inasmuch as no illicit liquor has been recovered from the

Patna High Court CR. MISC. No.57297 of 2019(2) dt.11-09-2019 2/2 conscious possession of the petitioner and referring para 8 of his bail application and submits that the motorcycle from which illicit liquor was recover does not belong to the petitioner. After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that petitioner has stated in para 8 that motorcycle from which the illicit liquor has been recovered does not belong to the petitioner, as such, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge Ivth,-cum-Special Judge (Excise), Kaimur at Bhabua, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T