Patna High CourtCR. MISC./27846/2024allowed

Shushil v. The State Of Bihar

2024-04-26Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27846 of 2024 Arising Out of PS. Case No.-646 Year-2020 Thana- DEHRI TOWN District- Rohtas ====================================================== Shushil S/o- Vyaschand Jaiswal R/o- Village- Kapsethi, PS- Kapsethi, DisttVaranasi(U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Tiwary For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Dehri(T) P.S. Case no. 646 of 2020 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of 94.5 liters of illicit liquor from a vehicle bearing Reg. No. UP65BT/0018.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Nothing incriminating article has been recovered from the conscious possession of the petitioner and also he has no concern with the seized liquor in question.

Patna High Court CR. MISC. No.27846 of 2024(2) dt.26-04-2024 2/2 Petitioner is the owner of the vehicle bearing Reg. No. UP65BT0018. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused person has already granted bail by this Court vide order dated 16.09.2022 in Cr. Misc. No. 33509 of 2022.

5. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Dehri(T) P.S. Case no. 646 of 2020, he will be enlarged on 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.1, Rohtas at Sasaram subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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