Patna High CourtCR. MISC./18835/2024bail granted

Bittu Kumar v. The State Of Bihar

2024-03-27Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18835 of 2024 Arising Out of PS. Case No.-8 Year-2024 Thana- BIHAR District- Nalanda ====================================================== 1.

Bittu Kumar son of Anil Kumar Village- Itasang Ps- Rahui Dist- Nalanda 2.

Uttam Kumar @ Rohit Raj son of Ajay Ram Mohalla- Garh Par Ps- Bihar Dist- nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indu Bhushan, Adv For the Opposite Party/s :

Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-03-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.

2. The petitioners apprehend their arrest in connection with Bihar P.S Case No. 08 of 2024 instituted under Section 30(a), of the Bihar Prohibition & Excise Amendment Act.

3. As per the prosecution case, total 750 litres of illicit foreign liquor was recovered from the motorcycle.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. The name of the petitioners have sprung up in the confessional statement of co-accused, Aman Kumar. The petitioners were neither arrested on the

Patna High Court CR. MISC. No.18835 of 2024(2) dt.27-03-2024 2/2 spot nor the motorcycle belonged to the petitioners. The liquor has been recovered from the bag, which was carried by co-accused Aman Kumar. Nothing has been recovered from conscious possession of the petitioners. The petitioners have clean antecedent.

5. Learned APP for the State Opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of the learned counsel for the parties, in the event of their arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs, 10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J-V cum Special Judge Excise- Nalanda/ concerned court in connection with Bihar P.S. Case No. 08 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

.K/- (Chandra Prakash Singh, J) U T