Saurav Kumar @ Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19461 of 2021 Arising Out of PS. Case No.-540 Year-2020 Thana- RAJAOLI District- Nawada ====================================================== Saurav Kumar @ Chhotu Kumar Son Of Sibu Sao R/O Village- Bahadurpur, P.S.- Rajouli, Dist.- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Man Mohan Kumar For the Opposite Party/s :

Mr.A.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Rajouli P.S. Case no. 540 of 2020 instituted for the offence under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story relates to recovery of 63.375 liters of IMFL from a Centro car bearing Registration No. JH01J-7077 and two persons were apprehended, who disclosed the name of the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. The name of the

Patna High Court CR. MISC. No.19461 of 2021(2) dt.16-12-2021 2/2 petitioner has been disclosed in this case by co-accused, namely, Md. Irfan and Pintu Kumar, who were arrested on spot, which has no evidentiary value in the eye of law. He is not the registered owner of the vehicle in question. No incriminating article has been recovered from the conscious possession of the petitioner.

Learned APP appearing for the State has opposed the prayer of Bail.

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 Rajouli P.S. Case no. 540 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 Judge II-cum-Special Judge, Excise Act, Nawada subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U