Sidhu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19730 of 2022 Arising Out of PS. Case No.-164 Year-2020 Thana- KUTUMBA District- Aurangabad ====================================================== Sidhu Kumar S/o Shankar Saw R/o village- Sundraganj, P.S.- Risiup, DistrictAurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bachan Jee Ojha, Advocate :

Mr. Binod Kumar Pandey, Advocate For the Opposite Party/s :

Ms. Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2022 At the time of argument, learned counsel for the petitioner has filed hard copy of the petition along with seizure list and the FIR, which is kept on record.

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 279, 337, 338, 353, 307, 326 and 427/34 of the Indian Penal Code, Sections 3/4 of the Prevention of Damage to Public Property Act and also Section 30(a) of the Bihar Prohibition and Excise Act.

As per the prosecution case, during the course of confiscation of illicit spirit, the accused persons made attempt to

Patna High Court CR. MISC. No.19730 of 2022(2) dt.17-10-2022 2/2 kill the police officials.

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 liner to provide the liquor and there is no recovery of illicit liquor from the conscious or constructive possession of the petitioner. Petitioner has clean antecedent.

Learned APP appearing for the State has opposed the prayer for 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, Aurangabad in connection with Kutumba P.S. Case No. 164 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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