Ramesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79465 of 2023 Arising Out of PS. Case No.-186 Year-2023 Thana- SALIMPUR District- Patna ====================================================== RAMESH KUMAR Son of Kapil Rai R/o vill - Saidpur, P.S. - Salimpur, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Kashyap, Adv.

For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-01-2024 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in a case in connection with Salimpur P.S. Case No. 186 of 2023 dated 22.08.2023 for the offence/s punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 50 litres of country made liquor was recovered from the house of the petitioner and 60 litres of illicit liquor was recovered from the motorcycle.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner

Patna High Court CR. MISC. No.79465 of 2023(2) dt.08-01-2024 2/2 has no concern with the alleged motorcycle. The recovery was made from the joint house of the petitioner. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner by submitting that the bar of Section 76(2) of the Act applies in this case.

7. Considering the aforesaid facts and circumstances of the case as well as the recovery was made from the house of the petitioner, I am of the view that no case for grant of anticipatory bail is made out and the same is rejected with direction to the petitioner to surrender before the Court below concerned within six weeks from the date of this order and the prayer for regular bail, the learned Court below will consider his prayer for regular bail in accordance with law without being prejudiced by this order. The application stands rejected.

(Chandra Prakash Singh, J) guddukr/- U T