Patna High CourtCR. MISC./81108/2019rejected

Rajan Kumar Ram @ Rajan Kumar v. The State Of Bihar

2019-12-10Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81108 of 2019 Arising Out of PS. Case No.-942 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== RAJAN KUMAR RAM @ RAJAN KUMAR Son of Chandeshwar Kumar Ram Resident of Village- Barewa, P.S.- Dhaka, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma, Adv.

For the Opposite Party/s :

Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in a case registered for the offence under sections 30(a) of the Bihar Prohibition and Excise Act.

As per allegation in the FIR, the petitioner was caught with 86.400 litres Nepali liquor while he was stated to be returning from Nepal on his motorcycle with the intent to sell the same.

It is submitted by learned counsel for the petitioner that no recovery as alleged has taken place. The alleged confession has been extracted by the police and has no value in the eye of law. The petitioner is in custody since 21.10.2019 and

Patna High Court CR. MISC. No.81108 of 2019(2) dt.10-12-2019 2/2 has no criminal antecedent.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the quantity and nature of recovery and of the petitioner being caught with the seized articles on his motorcycle, the Court is not inclined to enlarge the petitioner on bail. Hence, the prayer for bail of the petitioner is rejected. However, in the facts and circumstances of the case, the petitioner, if so advised may renew his prayer for bail after completing six months in custody.

(Partha Sarthy, J) Prakash Narayan /- U T