Sudhir Kr. Dubey @ Sudhir Kumar Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6233 of 2022 Arising Out of PS. Case No.-144 Year-2019 Thana- MAIRWAN District- Siwan ====================================================== SUDHIR KR. DUBEY @ SUDHIR KUMAR DUBEY SON OF SURENDRA DEBEY R/O VILLAGE- MAJHWALIYA KAROM, P.S.- DARAULI, DISTRICT- SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through the virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a), 38(i) and 41(i) of the Bihar Prohibition and Excise Act, 2016. Allegation is of recovery of 4120.2 litre of liquor from a truck and one motorcycle.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. Petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession nor the truck belongs to him nor he is the driver of the truck. He further submits that petitioner had lent his motorcycle to his friend which was seized from the place of occurrence, as such, he was roped based on suspicion in the

Patna High Court CR. MISC. No.6233 of 2022(2) dt.08-07-2022 2/2 present case Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner and the fact that petitioner is a person with clean antecedent, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Mairwa P.S. Case No. 144 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T