Saurya Pratik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23980 of 2024 Arising Out of PS. Case No.-965 Year-2023 Thana- KANTI District- Muzaffarpur ====================================================== Saurya Pratik S/o Sanjeev Kumar Sharma R/o Village Kanti Kasva P.S. Kanti District Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Preety Kunwar For the Opposite Party/s :

Mr. Kanhiya Kishor ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Kanti P.S. Case No. 965/2023 registered for the offences punishable under Sections 30 (a), 32 (2), 32(3), 36, 41(1), 41 (2) of the Bihar Prohibition and Excise Act, 2022.

3. As per prosecution case, altogether 5670 liter foreign liquor was recovered from a truck and four Pick-up vehicles in question. It is further alleged that co-accused Deepak Kumar was apprehended on spot who disclosed the name of petitioner and others who succeeded in fleeing away from the place of occurrence.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged

Patna High Court CR. MISC. No.23980 of 2024(2) dt.20-03-2024 2/3 in the FIR and he has falsely been implicated in this case. Petitioner was not apprehended on the spot and his name has surfaced in this case upon the disclosure of co-accused Deepak Kumar. Except disclosure, there is nothing on record to demonstrate the complicity of the present petitioner with the alleged occurrence. Petitioner is neither the owner nor the driver of any of the vehicles in question. The petitioner is not in any way connected with the alleged occurrence. He further submits that in the light of the given facts and circumstances, no case is made out against the petitioner under the provision of Bihar Prohibition and Excise Act. Petitioner bears criminal antecedent of one case which is not similar to the present case in which he is on bail. On similar and identical allegations, co-accused Sujeet Kumar @ Bittu Thakur has already been granted anticipatory bail by this court vide Cr. Misc. No.10187/2024 and the case of present petitioner stands on similar footing.

5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, co-accused has already been granted anticipatory bail, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner

Patna High Court CR. MISC. No.23980 of 2024(2) dt.20-03-2024 3/3 above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise Court No.-II, Muzaffarpur or successor court in connection with Kanti P.S. Case No. 965/2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Alok Kumar Pandey, J) amitkumar/- U T