Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19233 of 2024 Arising Out of PS. Case No.-11 Year-2024 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== Raju Kumar, aged about 25 years, Gender-Male, S/O Shyam Lal Bind, R/O Village- Saitha, P.S- Sonhan, Distt.- Kaimur (Bhabhua). ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Satyendra Pandey, Advocate For the Opposite Party :

Mr. Tapeshwar Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Bhagwanpur P.S. Case No. 11 of 2024 dated 06.01.2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, 9 litres of country made liquor was recovered from the motorcycle in question.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. No incriminating article has been recovered from the possession of the petitioner. It is submitted that the petitioner is

Patna High Court CR. MISC. No.19233 of 2024(2) dt.22-03-2024 2/2 not the owner of the motorcycle in question. The petitioner has also no concern with the alleged liquor. The name of the petitioner has sprung up in the present case on the basis of the confessional statement of the co-accused Shyam Prakash Patel. There is no compliance of Section 100 of the Cr.P.C. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court concerned, Kaimur at Bhabhua in connection with Bhagwanpur P.S. Case No. 11 of 2024, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

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