Rishu Kumar @ Fauji v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13535 of 2022 Arising Out of PS. Case No.-370 Year-2021 Thana- BIBHUTIPUR District- Samastipur ====================================================== Rishu Kumar @ Fauji Son of Shambhu Singh Resident of Village - Patailiya, P.S.- Vibhutipur, Distt.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabindra Kumar Priyadarshi For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-07-2022 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner apprehends his arrest in Vibhutipur P.S. Case No. 370 of 2021, registered for the offence punishable under Section 30(a), 32(2), 32(3), 36, 41(1), 41(2) of the Bihar Prohibition and Excise Act, 2016.

4518 litres of foreign liquor has been recovered from a truck parked near a hotel situated on highway. It is submitted that nothing has been recovered from conscious possession of this petitioner. Petitioner has been made accused in this case on the basis of confessional statement of coaccused who was apprehended on the spot. Petitioner is neither driver nor owner of vehicle in question. Petitioner has got no concern with the seized liquor and he claims clean antecedent.

Patna High Court CR. MISC. No.13535 of 2022(2) dt.15-07-2022 2/2 Considering the facts aforesaid, the petitioner abovenamed in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-cum-Special Judge Excise, Samastipur in connection with Vibhutipur P.S. Case No. 370 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T