Pushkar Kumar @ Shiv Vardhan Pushpam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38951 of 2024 Arising Out of PS. Case No.-67 Year-2024 Thana- SALAKHUA District- Saharsa ====================================================== Pushkar Kumar @ Shiv Vardhan Pushpam S/O Ashok Kumar Yadav R/O Village- Salkhua Navtoliya, P.S- Salkhua, Distt.- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shyam Bihari Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-08-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 30(a), 41 of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 35 litres illegal cough syrup has been recovered from a vehicle.

4. Learned counsel for the petitioner submits that no incriminating material has been recovered from the conscious possession of the petitioner. Petitioner is neither driver nor owner of the vehicle in question and has been made accused only on suspicion. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the nature of accusation and clean

Patna High Court CR. MISC. No.38951 of 2024(3) dt.12-08-2024 2/2 antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, 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 Exclusive Special Judge, (Excise), Saharsa in connection with Salkhua P. S. Case No. 67 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T