Rajesh Ranjan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84058 of 2019 Arising Out of PS. Case No.-31 Year-2019 Thana- BALRAMPUR District- Katihar ====================================================== Rajesh Ranjan, Son of Ram Lal Bishwas Resident of Village - Kochaili, P.S.- Dagarua, Distt - Purnia ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar Singh For the Opposite Party/s :
Mrs.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-02-2020 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.
It is alleged that Pappu Yadav and Mithun Kumar Yadv were driving the motorcycle of the petitioner, from which 10.32 litres of Indian Made Foreign Liquor were recovered. It is submitted by learned counsel for the petitioner that the recovery cannot be treated from the conscious physical possession of the petitioner and a statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.
Learned APP submits that the presumption of
Patna High Court CR. MISC. No.84058 of 2019(2) dt.18-02-2020 2/2 recovery is against the petitioner.
Considering the fact that the recovery has not been made from conscious physical possession of the petitioner and statement being made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II -cum- Special Judge, Excise, Katihar in connection with Balrampur P.S. Case No. 31 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T