Kanchan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26932 of 2022 Arising Out of PS. Case No.-206 Year-2021 Thana- BIDUPUR District- Vaishali ====================================================== KANCHAN KUMAR S/o Dinesh Ray R/o village- Mayil, P.S.- Bidupur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Mishra For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-08-2022 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 95.385 liters wine is recovered from Bhairopur Diyara Chour. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The name of the petitioner has transpired on the basis of disclosure made by the local residents. The names of local residents, who have named the petitioner, have not been disclosed by the prosecution. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. Nothing incriminating has been recovered from the conscious possession

Patna High Court CR. MISC. No.26932 of 2022(2) dt.05-08-2022 2/2 of the petitioner.

Learned counsel for the State, opposes the prayer for anticipatory bail.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No. 1-cum- Additional District & Sessions Judge, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 206/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) BKS/- U T