Banarasi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35973 of 2022 Arising Out of PS. Case No.-251 Year-2020 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Banarasi Kumar Son Of Lal Bihari Singh R/O Village- Ghatamapur, P.S.- Sasaram (M), District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Siddharth Harsh For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-09-2022 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 353, 323 and other allied section of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2018. As per the FIR, six named accused persons including this petitioner and 10-15 unknown persons created hindrance in discharge of official duty of the informant and others. The police has taken possession of one Scorpio vehicle and from that vehicle 285.48 litres of illicit liquor were seized. It is submitted that nothing has been recovered from conscious possession of this petitioner. Petitioner is neither driver nor owner of vehicle in question. Allegation of pelting

Patna High Court CR. MISC. No.35973 of 2022(2) dt.09-09-2022 2/2 stones and creating nuisance is general and omnibus. Petitioner has falsely been implicated in this case merely on suspicion. Petitioner claims clean antecedent.

Considering the facts aforesaid, the petitioner abovenamed in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to 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 the learned Additional District & Sessions Judge II-cum-Special Judge Excise, Rohtas at Sasaram in connection with Sasaram (M) P.S. Case No. 251 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T