Patna High CourtCR. MISC./38875/2024bail granted

Anchal Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38875 of 2024 Arising Out of PS. Case No.-178 Year-2024 Thana- TURKAULIYA District- East Champaran ====================================================== Anchal Kumar S/O INDRAJIT SAHANI @ AMARJIT SAHANI R/O VILLAGE- Ujjain lohiyar singaha, P.S.- HARSIDHI, DIST- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ram Sumiran Rai, 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 Turkauliya P.S. Case No.178 of 2024 lodged under Sections 272, 273 and 34 of the I.P.C. read with section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, the F.I.R. has been lodged against two named accused persons including the petitioner against whom there is allegation of recovery of 93 liter wine which is subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioners is innocent and has committed no offence. He submits that the petitioner has been apprehended by the police

Patna High Court CR. MISC. No.38875 of 2024(2) dt.27-05-2024 2/2 and alleged recovery was made from Apache motorcycle.

5. Counsel for the petitioner submits that petitioner is in custody since 22.03.2024 having clean antecedent.

6. Learned counsel for the State opposes the prayer for bail and submits that the petitioner has been apprehended from the place of occurrence and from his possession, wine has been recovered.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, but 3 months 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 Exclusive Special Judge Excise Court -I, Motihari, East Champaran in connection with Turkauliya P.S. Case No.178 of 2024, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.

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