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Patna High CourtCR. MISC./5641/2022allowed

Barun Kumar v. The State Of Bihar

2022-06-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5641 of 2022 Arising Out of PS. Case No.-470 Year-2021 Thana- KORHA District- Katihar ====================================================== Barun Kumar S/O Anandi Mandal Resident Of Village- Tapu Diara, P.S.- Barari, District- Katihar.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhola Prasad, Advocate For the Opposite Party/s :

Mr. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It is a case of recovery of about 7.87 liters of foreign made liquor from the Aanganbadi Centre.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that the name of the petitioner was transpired on the basis of confessional statement of co-accused Pankaj Mandal and no incriminating article has been recovered from the conscious or constructive possession of the petitioner. Petitioner has not been apprehended at the spot. Petitioner has

Patna High Court CR. MISC. No.5641 of 2022(2) dt.15-06-2022 2/2 got clean antecedent.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-II-cum-Special Judge, Katihar in connection with Korha P.S. Case No. 470 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T