Patna High CourtCR. MISC./65543/2024rejected

Ramesh Kumar v. The State Of Bihar

2024-10-01Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65543 of 2024 Arising Out of PS. Case No.-204 Year-2023 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Ramesh Kumar S/O Sahadev Singh R/O Village- Muhammadpur, P.SAhiyapur, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shreyash Bhardwaj, Advocate For the Opposite Party/s :

Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 01-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Special Case No. 413 of 2013 arising out of Kochadhaman P.S. Case No. 204 of 2023 dated 26.08.2023 instituted for the offence punishable under Sections 30(a), 32, 41, 47 of Bihar Prohibition & Excise Act.

3. The allegation is of recovery of total 173.500 litres foreign liquor from the dickey of a car bearing Registration no. BR06CP3074, which belongs to the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the driver of the vehicle without knowledge of the petitioner may have misused the car of the

Patna High Court CR. MISC. No.65543 of 2024(2) dt.01-10-2024 2/2 petitioner. The petitioner has no concern with the seized illicit liquor. Lastly, it has been submitted that petitioner has two criminal cases against him.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Since the said illicit liquor has been recovered from the car of the petitioner, I am not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, the prayer for anticipatory bail on behalf of the petitioner stands rejected.

8. However, if the petitioner surrenders before the court below within a period of six weeks and prays for regular bail, the same shall be considered and disposed of preferably, on the same day without being prejudiced by this order.

(Khatim Reza, J) premchand/- U T