Ratnesh Ranjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83308 of 2019 Arising Out of PS. Case No.-190 Year-2019 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== Ratnesh Ranjan Son of Shambhu Prasad Singh Resident of Village - Ibrahimpur Birahima, P.S.- Baruraj, District- Muzaffarpur. At present Residing at Basant Bihar Colony, Paigamberpur, P.S.- Ahiyapur, DistrictMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Satyadeo Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-12-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Kanti (Panapur O.P.) P.S. Case No. 190 of 2019 for the offence punishable under Sections 30(a), 38 and 41 of Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner is that while the police was on patrolling duty, a white colour Bolero car, which was being rashly and negligently driven by its driver, was intercepted, however, the driver, who happens to be the petitioner herein, managed to flee away. It is alleged that upon search being made, 169.545 litres of illicit foreign liquor was

Patna High Court CR. MISC. No.83308 of 2019(3) dt.16-12-2019 2/2 recovered from the said Bolero vehicle.

The learned counsel for the petitioner submits that the petitioner is innocent and is having no criminal antecedent, hence he should be granted the privilege of anticipatory bail. I have heard the learned counsel for the parties and I find that there is direct allegation against the petitioner of carrying illicit liquor in the Bolero car, hence it cannot be said that no offence is made out under the provisions of the Bihar Prohibition and Excise Act, 2016. In such view of the matter, as also considering the bar to grant of anticipatory bail under Section 76(2) of the Bihar Prohibition and Excise Act, 2016, I do not find any merit in the present petition, so as to grant the privilege of anticipatory bail to the petitioner herein, hence the present petition stands dismissed.

(Mohit Kumar Shah, J) Tiwary/- U T