Ankush Kumar @ Ankush Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34565 of 2024 Arising Out of PS. Case No.-8 Year-2024 Thana- KATEYA District- Gopalganj ====================================================== Ankush Kumar @ Ankush Singh Son of Prabhu Singh Resident of VillageJamunahan, P.S- Kateya, Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 29-05-2024 Heard Mr. Jitendra Kumar, learned counsel appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Kateya P.S. Case No. 08 of 2024, registered for the offences punishable under Sections 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. The police on a secret information intercepted a motorcycle and apprehended a person who disclosed the name of the petitioner. On search, total 35.200 liters of illegal country made liquor was recovered.

4. Learned Advocate for the petitioner contended that save and except the disclosure made by the apprehended person, there is no material suggesting the complicity of the petitioner in

Patna High Court CR. MISC. No.34565 of 2024(2) dt.29-05-2024 2/3 present crime. It is further contended that the petitioner has neither any concern with the motorcycle nor with the illicit wine, which is alleged to have been recovered. It is next contended that the petitioner is a man of fair antecedent and there is no ingredients constituting any offence much less under Section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 against the petitioner.

5. On the other hand, learned counsel for the State opposed the pre-arrest bail application.

6. Regard being had to the submissions made on behalf of the parties and considering the materials available on record which prima facie do not constitute any offence against the petitioner, coupled with the fair antecedent, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-XIII-cum-Special Excise Court No.-1, Gopalganj in connection with Kateya P.S. Case No. 08 of 2024, subject to the conditions laid down in Section

Patna High Court CR. MISC. No.34565 of 2024(2) dt.29-05-2024 3/3 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner. (Harish Kumar, J) shivank/- U T