Hari@ Harishankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31003 of 2022 Arising Out of PS. Case No.-17 Year-2021 Thana- VAISHALI District- Vaishali ====================================================== Hari@ Harishankar Kumar Son Of Banarasi Ray R/O- Village- Rampur Milki P.S.- Vaishali, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a), 41(1), 33, 34, 36 of the Bihar Prohibition & Excise Act. There is recovery of 70 litres of spirit from a car and two persons were apprehended who disclosed his name as Amresh Kumar and Chandan Kumar. He named the coaccused persons and petitioner as their associates. It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern

Patna High Court CR. MISC. No.31003 of 2022(2) dt.04-11-2022 2/2 either with the seized vehicle or with the seized illicit material. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special Excise Court No. 2-cum- Additional District & Sessions Judge, Vaishali, Hajipur in connection with Vaishali P.S. Case No. 17 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) nirajkrs/- U T