Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10130 of 2022 Arising Out of PS. Case No.-188 Year-2021 Thana- MUSRIGHRARI District- Samastipur ====================================================== 1.

Sunil Kumar Son Of Shrawan Singh @ Shrawan Prasad Singh Resident Of Village - Fatehpur Wala, P.S.- Ujiarpur, Distt.- Samastipur. 2.

Shrawan Singh @ Shrawan Prasad Singh Son of Sukhdev Singh Resident of Village - Fatehpur Wala, P.s.- Ujiarpur, Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aprajita For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-08-2022 At the very outset, learned counsel for the petitioners seeks permission to withdraw the petition of petitioner no.2, namely, Shrawan Singh @ Shrawan Prasad Singh.

Permission is accorded.

Accordingly, the petition of petitioner no.2, namely, Shrawan Singh @ Shrawan Prasad Singh is dismissed as withdrawn.

Heard learned counsel for the petitioner no.1 and learned APP for the State.

The petitioner is apprehending his arrest in a

Patna High Court CR. MISC. No.10130 of 2022(2) dt.12-08-2022 2/3 case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act. There is recovery of 79.17 litres of Indian made foreign liquor from the bathan behind the house of the petitioner No. 2. Petitioner No. 1 is son of petitioner No. 2.

It is submitted by learned counsel for the petitioner no.1 that the petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. Co-accused (father of the petitioner) is owner of the place from where, illicit liquor was recovered. A statement has been made in para 3 of the petition that petitioner no.1 has no criminal antecedent.

However, learned APP for the State opposed the prayer for anticipatory bail of petitioner no.1. In the facts and circumstances of the case, let the petitioner, namely, Sunil Kumar, in the event of his arrest or surrender before the Court below within a

Patna High Court CR. MISC. No.10130 of 2022(2) dt.12-08-2022 3/3 period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-II-cum-Special Judge, Excise Act, Samastipur in connection with Musrigharari P.S. Case No. 188 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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