Arjun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13069 of 2021 Arising Out of PS. Case No.-29 Year-2020 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== Arjun Kumar, aged about 19 years, male, Son of Lalbabu Ray, Resident of Village - Kodaria, P.S. - Siwaipatti, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Adv.

For the Opposite Party/s :

Ms. Sahin Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-12-2021 Heard the counsel for the parties.

The petitioner seeks bail in anticipation of his arrest in connection with Siwaipatti P.S. Case No. 29 of 2020, dated 24.03.2020, instituted for the offences under Sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) and 30 of the Bihar Prohibition and Excise Act, 2016.

396.600 litres of liquor is said to have been

Patna High Court CR. MISC. No.13069 of 2021(2) dt.24-12-2021 2/3 recovered from the field of one Shadhu Sharan Rai. So far as the petitioner is concerned, he is said to have been identified as amonst four persons who had run away at the time of raid.

It has been submitted on behalf of the petitioner that except for the aforesaid vague accusation, there is no material in the police papers to connect him with the offence. It has further been submitted that the petitioner has clean antecedents.

On the afore-noted arguments, it has been urged that the offence under the Excise Act cannot be said to have been made out against the petitioner.

For the reasons afore-stated, the petitioner, in the event of his arrest or surrender before the learned Court below within a period of four weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Siwaipatti P.S. Case No. 29 of 2020, subject to the conditions laid down

Patna High Court CR. MISC. No.13069 of 2021(2) dt.24-12-2021 3/3 under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T