Patna High CourtCR. MISC./19872/2022allowed

Karan Kumar v. The State Of Bihar

2022-09-21Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19872 of 2022 Arising Out of PS. Case No.-79 Year-2021 Thana- DHOLBAJJA District- Bhagalpur ====================================================== KARAN KUMAR S/o Sri Lakhandeo Paswan R/v Gopal Tola, Khushroopur, Hemjapur, P.S.- Khushroopur, Distt- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

It is a case of recovery of about 868 liters of English wine from a pick up van.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that petitioner is the owner of the said vehicle and the driver of the vehicle was apprehended at the spot and who disclosed the name of this petitioner. He further submits that petitioner was not aware about carrying the illicit wine by the driver of the vehicle. He further submits that petitioner is

Patna High Court CR. MISC. No.19872 of 2022(2) dt.21-09-2022 2/2 ready to deposit the fine of Rs.1,00,000/- (Rs. one lakh) in the District Legal Services Authority, Bhagalpur. Petitioner has no criminal antecedent.

Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise-I, Bhagalpur in connection with Dholbazza (Kadwa) P.S. Case No. 79 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C with condition that at the time of furnishing bail bond, the petitioner shall produce the receipt of fine of Rs.1,00,000/-.

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