Monu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33823 of 2022 Arising Out of PS. Case No.-410 Year-2021 Thana- GAIGHAT District- Muzaffarpur ====================================================== MONU KUMAR S/o Jitendra Singh @ Jitendra Prasad Singh Resident ofDahila, Gaighat, Dahila Patsawan, P.S.- Gaighat, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-09-2022 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 272, 273, 353 and 323/34 of the Indian Penal Code and Section 30(a) of the Bihar Excise (Prohibition) Act, 2018.

It is a case of recovery of foreign liquor from the heap of fodder.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that he has no concern with the seized liquor and no incriminating article has been recovered from the conscious possession of the petitioner and petitioner has not been apprehended at the spot and the name of the petitioner has been

Patna High Court CR. MISC. No.33823 of 2022(2) dt.16-09-2022 2/2 transpired on the basis of apprehended co-accused Mukesh Kumar. Petitioner has clean antecedent.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, 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 thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Court No.1, Muzaffarpur in connection with Gaighat P.S. Case No. 410 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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