Rambabu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67466 of 2022 Arising Out of PS. Case No.-444 Year-2022 Thana- GHORASAHAN District- East Champaran ====================================================== Rambabu Kumar Son Of Jyotik Mukhiya @ Jotik Mukhiya Resident Of Village- Basantpur, P.S.- Kundwachainpur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Ghorasahan P.S. Case no. 444 of 2022 instituted for the offence under Sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 405 liters of IMF liquor from the Wagon R Car.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and

Patna High Court CR. MISC. No.67466 of 2022(2) dt.09-12-2022 2/3 has committed no offence. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery of illicit liquor. It is further submitted that petitioner is neither the driver nor the owner of said vehicle from which the recovery has been made and this fact is mentioned in Para 9 of the petition. Neither the petitioner was apprehended on spot nor any incriminating article has been recovered from his conscious possession.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Ghorasahan P.S. Case no. 444 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/-

Patna High Court CR. MISC. No.67466 of 2022(2) dt.09-12-2022 3/3 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, Motihari, East Champaran subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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