Penter Kumar @ Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34936 of 2020 Arising Out of PS. Case No.-335 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.

Penter Kumar @ Ajit Kumar (Male), Aged about 28 years, S/o Bishnu Rai @ Bhishan Rai @ Bishnu Ray @ Bhishan Ray, R/o Village Lal Pokhar, P.S. Hajipur Sadar, District Vaishali.

2.

Ved Prakash @ Sahil Kumar (Male), Aged about 25 years, S/o Vinay Rai, R/o Village Lal Pokhar, P.S. Hajipur Sadar, District Vaishali. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-03-2021 Heard the learned counsel for the petitioners and Mr. Ramchandra Singh, the learned Additional P.P. The petitioners apprehend their arrest in Hajipur Sadar P.S. Case No.335 of 2020, registered under Sections 414 of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition and Excise Act.

The informant after having received secret information that consignment of liquor was brought to the house of Dheeraj Kumar, the police went there and apprehended three persons, namely, Rahul Kumar and Prince Kumar from the motorcycle and Dheeraj Kumar from the pick-up van. The apprehended accused disclosed the name of petitioners and others who managed to flee away.

Learned counsel for the petitioners submits that 1134 litres of liquor was recovered from the door of Dheeraj Kumar. Nothing has been recovered from possession of the petitioners.

Patna High Court CR. MISC. No.34936 of 2020(2) dt.17-03-2021 2/2 The petitioners are only alleged to have fled away from the door of Dheeraj Kumar. The petitioners have got no criminal antecedent and this is the first case in which the petitioners have been made accused.

Taking into consideration the facts aforesaid, I find that the petitioners deserve anticipatory bail. Accordingly, petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be enlarged on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-II-cumSpecial Judge, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No.335 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) S.KUMAR/- U T