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Patna High CourtCR. MISC./37123/2022allowed

Gaurav Kumar v. The State Of Bihar

2022-11-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37123 of 2022 Arising Out of PS. Case No.-286 Year-2022 Thana- ALAMGANJ District- Patna ====================================================== Gaurav Kumar Son Of Ramesh Chaudhary R/O Tulsi Mandi, P.S.- Alamganj, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajanan Mishra, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2022 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 Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

It is a case of recovery of only 750 ml. illicit liquor from the possession of co-accused.

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. Petitioner has clean antecedent. Learned APP appearing for the State has opposed the

Patna High Court CR. MISC. No.37123 of 2022(2) dt.01-11-2022 2/2 prayer for anticipatory bail.

Considering the aforesaid submissions as well as the fact that meagre quantity of liquor has been recovered, 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, Patna City in connection with Alamganj P.S. Case No. 286 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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