Subodh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31882 of 2024 Arising Out of PS. Case No.-48 Year-2024 Thana- MALI District- Aurangabad ====================================================== Subodh Kumar Son of Ganesh Mehta @ Ganesh Mahto Resident of VillageKansh @ Kos, P.S.- Barun, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yugal Kishore, Advocate Ms. Rupa Kumari, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 22-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Mali P.S. Case No. 48 of 2024 instituted under Section 30(a) of the Bihar Prohibition & Excise Act (Amendment), 2022.

3. As per the prosecution case, 18 litre beer and 750 foreign wine i.e. 18.750 litres has been recovered from a dash of the motorcycle. Co-accused Sandeep Kumar has been arrested on the spot and he disclosed the name of the petitioner that petitioner has fled away from the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.31882 of 2024(2) dt.22-05-2024 2/2 case. The petitioner has no concern with the seized motorcycle and also no concern with the co-accused Sandeep Kumar. He further submits that except the disclosure statement made by the co-accused, there is nothing material against the petitioner. The petitioner has one criminal antecedent in which he is on bail and he undertakes to co-operate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount to each to the satisfaction of the learned Special Judge, Excise Court No.-2nd, Aurangabad/Concerned Court Below in connection with Mali P.S. Case No. 48 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) ashishkr/- U T