Priyanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35459 of 2024 Arising Out of PS. Case No.-774 Year-2023 Thana- KATIHAR NAGAR District- Katihar ====================================================== Priyanshu Kumar SON OF BUDDHDEO SINGH R/O - Near Gayatri Mandir, Katihar, Katihar sahayak, Dist - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under sections 420, 467, 468, 34 of the Indian Penal Code and Section 30(a), of the Bihar Prohibition and Excise Act.

3. As per FIR, prosecution case relates to recovery of 66 liters West Bengal made liquor from a vehicle.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner was not

Patna High Court CR. MISC. No.35459 of 2024(2) dt.16-05-2024 2/3 apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with with the alleged vehicle or the illicit liquor. Moreover, co-accused Rajesh Kumar Mandal who has named the petitioner has already been granted bail vide order dated 09.01.2024 passed in Cr. Misc. No. 84744 of 2023. The petitioner is accused in one other case apart from the present one.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on anticipatory bail. The above named petitioner is directed to be released on bail, in the event of his arrest or surrender before learned Court below within a period of four weeks from today in connection with Nagar Sahayak P.S. Case No. 774 of 2023 on furnishing bail bond of Rs.10,000/- (ten

Patna High Court CR. MISC. No.35459 of 2024(2) dt.16-05-2024 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, Exclusive Excise Court-II, Katihar.

(Sunil Kumar Panwar, J) Shageer/- U T