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Patna High CourtCR. MISC./35346/2018dismissed

Ram Lakhan Kumar v. The State Of Bihar

2018-07-03Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35346 of 2018 Arising Out of PS. Case No.-113 Year-2017 Thana- SAKRI District- Madhubani ====================================================== Ram Lakhan Kumar, Son of Kishun Yadav, Resident of Village: Dhorha, P.S. Dhamaul, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Subhash Kumar Jha For the Opposite Party/s :

Sri Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 03-07-2018 Heard Sri Subhash Kumar Jha, learned counsel for the petitioner and Sri Pradeep Narain Kunwar, learned Additional Public Prosecutor.

The sole petitioner, apprehending his arrest in connection with Sakari P.S. Case No. 113 of 2017 , corresponding to G.R. No. 530 of 2017, registered for the offence under Section 272, 273, 34 of the Indian Penal Code , 1860 and Section 30(a), 36, 38(1), 41(1) of the Bihar Prohibition and Excise Act, 2016 , has prayed for grant of bail in the event of his arrest or surrender.

Learned counsel for the petitioner at the very outset has drawn my attention to the statement made in paragraph no. 3 of the petition and submits that petitioner is having clean antecedent. He further submits that petitioner in this case has

Patna High Court Cr.Misc. No.35346 of 2018(3) dt.03-07-2018 2/2 been made accused only in view of the fact that he is the owner of the vehicle in question which was intercepted by Police and from which liquor was recovered. Learned counsel for the petitioner submits that one of the co -accused has already been granted bail, however, learned Additional Public Prosecutor by way of referring to page no. 18 i.e. enclosure of the F.I.R. submits that from the vehicle of petitioner huge quantity of Indian make foreign liquor was recovered.

Considering the nature of accusation , there is no reason to pass favourable order.

The prayer for grant of anticipatory bail stands dismissed.

(Rakesh Kumar, J) praful/- U T