Patna High CourtCR. MISC./8687/2024bail granted

Subhash Kumar @ Sudhu Kumar v. The State Of Bihar

2024-02-27Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8687 of 2024 Arising Out of PS. Case No.-478 Year-2021 Thana- MASHRAK District- Saran ====================================================== SUBHASH KUMAR @ SUDHU KUMAR SON OF PRADEEP SAH @ THELA R/O - DUMARSHAN, P.S.-MASHRAKH, DISTT.-CHHAPRA, SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Yogendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-02-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30/30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

3. Learned counsel for the petitioner submits that petitioner has antecedent of eight cases.

4. Allegation is of recovery of 56.880 litres of liquor from a bush behind Karamchari Bhawan.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that since the petitioner stands implicated in a case related to Excise Act as such in every cases the petitioner in a mechanical

Patna High Court CR. MISC. No.8687 of 2024(2) dt.27-02-2024 2/2 manner is being implicated. It is next submitted that in the instant case, the petitioner came to be implicated by the police through the Chawkidar with whom he is on an inimical term.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. Considering the submissions made by the learned counsel for the petitioner, 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.40,000/- (Rupees Forty 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 Mashrakh P.S. Case No. 478 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T