Ramashanker Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77468 of 2019 Arising Out of PS. Case No.-432 Year-2019 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== RAMASHANKER KUMAR Son of Jawahir Rai Resident of Village- Goura, P.S.- Sahebganj, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nilesh Kumar, Advocate For the Opposite Party/s :

Ms. Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-12-2019 The petitioner, who is in custody since 04.11.2019 and is a person of clean antecedent, seeks bail in connection with Sahebganj P.S. Case No. 432 of 2019 dated 14.10.2019 instituted for the offences under Sections 272, 273, 414 and 341 of the Indian Penal Code and under Sections 30(a) and 41(1) of the Bihar Excise and Prohibition Act.

It appears that the petitioner was arrested while escaping from Tata Sumo vehicle from where 499.250 litres of liquor is said to have been recovered. Learned counsel for the petitioner has submitted that his arrest is on mistaken identity. Apart from this, it has been submitted that the implication of the petitioner in this case is only on the basis of suspicion. In support of the aforesaid contention, the

Patna High Court CR. MISC. No.77468 of 2019(2) dt.09-12-2019 2/2 petitioner has referred to his clean antecedent. For the aforestated facts especially the period of custody of the petitioner and he was admittedly arrested while attempting to flee away, he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Muzaffarpur in connection with Sahebganj P.S. Case No. 432 of 2019.

(Ashutosh Kumar, J) krishna/- U T