Himanshu Kumar @ Happy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3880 of 2022 Arising Out of PS. Case No.-603 Year-2020 Thana- BRAHMPUR District- Buxar ====================================================== HIMANSHU KUMAR @ HAPPY SON OF JAWAHAR SAV @ JAWAHAR PRASAD R/O VILLAGE- PANCHFEDWA, P.S.- BRAHMPUR, DISTRICTBUXAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Pandey For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Brahmpur P.S. Case no. 603 of 2020 instituted for the offence under Sections 272, 273, 120B/34 of the IPC and Section 30(a) of the Bihar Prohibition of Excise Act. As per allegation in the FIR, on getting secret information, police proceeded towards place of occurrence. After seeing the police party, several accused persons started to flee away by motorcycles but on chase two accused persons were apprehended, who disclosed the name of the petitioner as of his associates. On Search, recovery of 79 litres of IMFL was

Patna High Court CR. MISC. No.3880 of 2022(2) dt.29-07-2022 2/3 made from their motorcycles .

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner has no concern with the alleged recovery or with the vehicle in question. The name of the petitioner has been disclosed in this case by apprehended co-accused, namely Umashankar Yadav before the police, which has got no evidentiary value in the eye of law. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession.

Learned APP appearing for the State has opposed the prayer of Bail and submitted that petitioner has a criminal antecedent of similar nature.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Brahmpur (Nainijor) P.S. Case no. 603 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions

Patna High Court CR. MISC. No.3880 of 2022(2) dt.29-07-2022 3/3 Judge 2nd-cum-Special Judge, Excise Act, Buxar subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U