Himanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24593 of 2020 Arising Out of PS. Case No.-554 Year-2019 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Himanshu Kumar S/O Dinesh Chaurasiya Resident Of Village- Baghi, P.S.- Town (Lohiyanagar O.P.), District- Begusarai ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-11-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner apprehends his arrest in Town (Lohiya Nagar OP) P.S. Case No. 554 of 2019, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

49.5 litres of foreign liquor is said to have been recovered from a Santro Car from which three persons were trying to flee away out of whom two persons were apprehended on the spot and one person fled away.

It is submitted that petitioner has falsely been implicated in this case. Nothing has been recovered from conscious possession of this petitioner. The apprehended accused persons named this petitioner as the person who fled

Patna High Court CR. MISC. No.24593 of 2020(3) dt.05-11-2020 2/2 away. Petitioner has got no concern with the seized liquor or the vehicle.

Learned APP however vehemently opposed the prayer for bail and submitted that three more cases of similar nature are pending against this petitioner. In reply to the same, it is submitted by learned counsel for the petitioner that the petitioner has been granted bail in all these cases. Considering the facts aforesaid, the petitioner abovenamed in the event of his arrest/surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 2nd-cumSpecial Judge, Excise Act, Begusarai in connection with Town (Lohiya Nagar OP) P.S. Case No. 554 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T