Rama Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86676 of 2024 Arising Out of PS. Case No.-532 Year-2024 Thana- BARUN District- Aurangabad ====================================================== Rama Kumar S/O Manoj Chaudhary Resident of Village- Bardi Khurd, P.S.- Barun, Dist.- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Singh, Advocate For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-01-2025

1. Heard learned counsel for the parties.

2. The petitioner in this application prays for bail apprehending his arrest in connection with Barun P.S. Case no.532 of 2024 registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, 20 litres of country liquor was recovered from the motorcycle in question and the accused Raushan Kumar was taken into custody.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case only for the reason that he happens to be the registered owner of the vehicle in question. The accused who was caught at the place of occurrence happens to be his full brother. The petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.86676 of 2024(2) dt.03-01-2025 2/2

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the petitioner not having been arrested at the spot, no incriminating article having been recovered from the petitioner's possession and the petitioner not having any antecedent under the Bihar Prohibition and Excise Act, 2016, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Barun P.S. Case no.532 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise I, Aurangabad.

(Partha Sarthy, J) Saurabh/- U T