Ashish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25195 of 2022 Arising Out of PS. Case No.-931 Year-2021 Thana- BANKA District- Banka ====================================================== ASHISH KUMAR Son of Shyam Sundar Sah Resident of Village - Aliganj, Dukaniya Market Road, P.S.- Banka, District - Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee For the Opposite Party/s :

Mr. Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Banka P.S. Case no. 931 of 2021 instituted for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 6.875 litres from a sack which was tied with the motorcycle. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner has no concern with the alleged recovery or with the vehicle in question. On secret information, his name has been surfaced in the present case. Neither the petitioner was arrested nor any incriminating article has been recovered from

Patna High Court CR. MISC. No.25195 of 2022(2) dt.01-09-2022 2/2 his possession.

Learned APP appearing for the State has opposed the prayer of Bail.

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 Banka P.S. Case no. 931 of 2021, 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 Additional District and Sessions Judge-II, Banka subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U