Anuj Kumar @ Anuj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 61662 of 2018 Arising Out of PS. Case No.-72 Year-2018 Thana- Jamhor District- Aurangabad ====================================================== Anuj Kumar @ Anuj Yadav, Son of Yugesh Yadav, resident of VillageBatawan, P.S.- Jamhore, District- Aurangabad (Bihar). ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Singh Mr. Ranjit Kumar For the Opposite Party/s :

Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

06-10-2018 Heard Sri Arvind Kumar Singh, learned counsel assisted by Sri Ranjit Kumar, learned counsel for the petitioner and Sri Ajit Kumar, learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in Jamhore P.S. Case No. 72 of 2018 registered for offence under Sections 30(a)/38(1) of Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender.

Learned counsel for the petitioner submits that petitioner, only on suspicion, has been made accused in the present case. It has been argued that one Honda City, on chase, was stopped and four accused persons from the vehicle, after getting down, fled away and petitioner only on suspicion has been made accused. Learned counsel for the petitioner submits that petitioner is having no connection either with the vehicle in

Patna High Court Cr.Misc. No.61662 of 2018(2) dt.06-10-2018 2/2 question or seizure of the liquor. He has specifically referred to paragraph - 8 of the petition to show that neither the petitioner was passenger nor he was owner of the vehicle, only on suspicion, he has been made accused. Learned counsel for the petitioner has drawn my attention to statement made in paragraph-3 of the petition to show that petitioner is having clean antecedent.

Considering the nature of accusation and clean antecedent, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Anuj Kumar @ Anuj Yadav be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge VII cum Special Judge (Excise), Aurangabad in connection with Jamhore P.S. Case No. 72 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J.) anay U T