Akash Sharma @ Amit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35191 of 2024 Arising Out of PS. Case No.-131 Year-2024 Thana- BUXAR District- Buxar ====================================================== Akash Sharma @ Amit Kumar S/O Suresh Sharma R/O P. P. Road, Ward no. 13, P.S.- NAGAR, DIST- BUXAR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anand Kuamr Ojha, Advocate For the Opposite Party/s :
Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-05-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Buxar Town P.S. Case No. 131 of 2024, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that, 60.435 liters liquor was recovered from a motorcycle.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case on the basis of confessional statement of coaccused who has inimical term with the petitioner. Petitioner was not arrested on spot. No incriminating material has been
Patna High Court CR. MISC. No.35191 of 2024(2) dt.07-05-2024 2/2 recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. The petitioner has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Buxar Town P.S. Case No. 131 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Prakash/- U