Shubham Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27792 of 2023 Arising Out of PS. Case No.-352 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== SHUBHAM KUMAR SON OF DILIP KUMAR THAKUR @DILIP THAKUR VILLAGE SIRSIYA BUZURG, P.S. KANTI, DISTT. MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar For the Opposite Party/s :

Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 5.580 liters of liquor from house of Kunal and 200 ml of liquor from the shop of Binod, further, Kunal was arrested.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that the petitioner has no concern with Kunal or

Patna High Court CR. MISC. No.27792 of 2023(2) dt.17-05-2023 2/2 Binod, it is next submitted that he came to be implicated based on the disclosure made by the co-accused Shambhu with regard to a mobile phone on account of which, the petitioner's name figured in the case when petitioner has no concern with any of the accused persons.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Kanti P.S. Case No. 352 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T