Sujit Kumar @ Sujit Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21191 of 2020 Arising Out of PS. Case No.-1127 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== SUJIT KUMAR @ SUJIT KUMAR RAI Son of Kedar Prasad Yadav @ Kedar Rai Resident of Village - Shivrahan, P.S.- Ahiyapur, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Shekhar Anand, Advocate For the Opposite Party/s :

Mr.(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 21-07-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner is apprehending arrest in connection with Ahiyapur P.S. Case No. 1127 of 2019 for offences under Sections 272, 273 IPC and 30(a), 36, 38, 41 of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. In the instant case total 36 liters of liquor was seized from the truck loaded with Patanjali Dant Kanti Tooth Paste. The petitioner is neither the owner of the truck nor the owner of the Patanjali Dant Kanti Tooth Paste, which was loaded on the truck.

Considering the fact that the petitioner has no criminal

Patna High Court CR. MISC. No.21191 of 2020(2) dt.21-07-2020 2/2 antecedent and he is neither the owner of the truck nor the owner of consignment of Dant Kanti Tooth Paste, which was loaded on the truck, the Court is inclined to grant anticipatory bail to the petitioner. Let the petitioner, above-named, in the event of arrest or surrender within one month from today, shall be released on bail on furnishing bail bond of Rs. 50,000/- (Rupees Fifty thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, Muzaffarpur in connection with Ahiyapur P.S. Case No. 1127 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

On release, the petitioner shall render his services as a volunteer for a period of one month in the dedicated Covid-19 Hospital and for which he is required to report to the Civil Surgeon/ Nodal Officer of the concerned region, who shall appropriately utilize his services in the pandemic. (Anil Kumar Upadhyay, J) spandey/- U T