Ramakant Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56680 of 2019 Arising Out of PS. Case No.-134 Year-2019 Thana- GHORASAHAN District- East Champaran ====================================================== Ramakant Rai, Aged about 35 years, Male, Son of Sharbanand Rai, Resident of Village Mohaddipur, P.S. Chiraya, District East Champaran, Motihari. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar For the Opposite Party/s :
Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-09-2019 Heard both sides.
The petitioner apprehends his arrest in Ghorasahan P.S. Case No.134 of 2019, registered under Sections 341, 323, 324, 307, 353 and 34 of the Indian Penal Code. The informant is Constable in SSB. The informant intercepted two motorcycles and the motorcyclists were carrying liquor. One person was apprehended by Ganga Sharan who was carrying sacks containing liquor and the petitioner Ramakant Rai managed to flee away. After sometime, petitioner and other villagers having armed with different weapons came and assaulted the Constables of SSB.
Learned counsel for the petitioner submits that the petitioner was not carrying any liquor but it appears that the
Patna High Court CR. MISC. No.56680 of 2019(2) dt.12-09-2019 2/2 petitioner and another motorcyclist was carrying liquor but petitioner managed to flee away from the place of occurrence. After sometime, petitioner and others came and assaulted the Constables of SSB causing injury to them. Petitioner has also got criminal antecedent and he is accused in Ghorasahan P.S. Case No.133 of 2018, registered under Section 414 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act. Taking into consideration the facts and nature of allegations made against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected. (Prabhat Kumar Jha, J) S.KUMAR/- U T