Ranjan Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62847 of 2019 Arising Out of PS. Case No.-106 Year-2019 Thana- SIKARPUR District- West Champaran ====================================================== RANJAN KUMAR SAH, Son of Rajendra Sah, Resident of Village - Anjua, P.S.- Shikarpur, Distt.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Shrivastava For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-10-2019 The petitioner apprehends his arrest in connection with Shikarpur P.S.Case No. 106 of 2019 registered under Sections 30(a) of the Bihar Prohibition and Excise Act. Allegation against the petitioner, as per FIR, is that the police intercepted the motorcycle, which was driven by the petitioner, however, petitioner succeeded in fleeing away from the place of occurrence leaving the motorcycle on the road and the police recovered a total quantity of 07 litres country made liquor from the said motorcycle.

Mr. Ravish Mishra, learned counsel for the petitioner submits that petitioner has falsely been implicated in this case with oblique motive and he has got no criminal antecedent. Learned counsel referring to para-11 to this application, submits that petitioner is not the owner of the motorcycle and no illicit

Patna High Court CR. MISC. No.62847 of 2019(2) dt.22-10-2019 2/2 liquor has been recovered from his conscious possession or the vehicle belonging to the petitioner.

Having regard to the submissions made by the parties and taking into consideration the fact that no recovery has been made from the possession of the petitioner or the vehicle belonging to the petitioner and he has got no criminal antecedent as such I am inclined to grant anticipatory bail to the petitioner. Let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Bettiah, West Champaran in connection with Shikarpur P.S.Case No. 106 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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