Rameshwar @ Rameshvar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78158 of 2023 Arising Out of PS. Case No.-470 Year-2019 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Rameshwar @ Rameshvar S/O Bhudev Singh R/O Village- Pataini, Ps. Mursan, Dist. Hathras, State-Uttar Pradesh ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Shanker Pankaj, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-12-2023 Heard learned counsel for the petitioner, learned A.P.P. for the State.

2. Petitioner apprehends his arrest in connection with Mufassil P.S. Case No. 470 of 2019 dated 07.09.2019, registered for the offence punishable u/s 414/120(B) of the IPC and u/s 30(a)/41 of the Bihar Prohibition and Excise Amendment Act, 2018, pending in the court of learned Exclusive Special Judge, Excise 1, Begusarai.

3. Recovery of 470 liters of foreign liquor from a truck.

4. Learned counsel for the petitioner submits that the petitioner is quite innocent and has been falsely implicated in this case due to previous grudge. Petitioner has been made accused in this case because he is the owner of the said truck. No person was apprehended on the spot. The allegations levelled against the petitioner is general and omnibus in nature.

Patna High Court CR. MISC. No.78158 of 2023(2) dt.08-12-2023 2/2 Petitioner has no criminal antecedent as mentioned in paragraph 3 of the petition. The process u/s 82 of the Cr.P.C. has been issued against the petitioner by the learned court below.

5. Per contra, learned APP for the State vehemently opposing the bail petition submitted that the allegations levelled against the petitioner is serious in nature, hence he does not deserve anticipatory bail.

6. Considering the facts and circumstances of case, considering the fact that learned lower court has been issued u/s 82 of the Cr.P.C. against the petitioner, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected. However, the petitioner is directed to surrender before the learned Court below within six weeks from today and seek regular bail and the learned Court below would pass order in accordance with law without being prejudiced by this order on the very date of surrender.

7. This application is accordingly dismissed. (Anjani Kumar Sharan, J) annpurna/- U T