Patna High CourtCR. MISC./38791/2024bail granted

Arjun Kumar v. The State Of Bihar

2024-05-27Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38791 of 2024 Arising Out of PS. Case No.-669 Year-2024 Thana- Excise P.S. District- East Champaran ====================================================== Arjun Kumar S/o Mahendra Rai R/o vill - Bakhari Khajoori, P.S. - Dhaka, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Motihari Excise P.S. Case No. 669 of 2024 lodged on 16.04.2024, under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.

3. As per the prosecution, FIR has been lodged against the petitioner and a total recovery is 180 litres of illicit liquor has been subject matter of the present case.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that the antecedent of the petitioner is clean and he is in custody since 17.04.2024. Learned counsel for the petitioner further submits that the recovery has not been made from his

Patna High Court CR. MISC. No.38791 of 2024(2) dt.27-05-2024 2/2 conscious possession rather police has apprehended him when the real accused person has fled away and petitioner was just a passer by.

5. Learned counsel for the state opposes the prayer for bail and submits that petitioner has been arrested on spot.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail, but only after framing of charge, if not framed, on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Court of Exclusive Special Excise Court No.02, East Champaran at Motihari, in connection with Motihari Excise P.S. Case No. 669 of 2024, subject to the conditions as laid down U/S 437(3) Cr.P.C.

(Dr. Anshuman, J) ravikr/- U T