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Patna High CourtCR. MISC./41661/2023allowed

Sonu Poddar v. The State Of Bihar

2023-08-02Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41661 of 2023 Arising Out of PS. Case No.-70 Year-2023 Thana- CHAKAI District- Jamui ====================================================== Sonu Poddar, Son of Late Lal Poddar, Resident of Village - Mother Teresa 02 Madhgariya, P.S. - Nunmati, District - Dispur, State- Assam ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Niranjan Parihar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 02-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Chakai P.S. Case No. 70 of 2023 instituted under Sections 272 / 273 of the Indian Penal Code and 30(a) Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution case, 30 litres of foreign liquor was recovered from the vehicle which belongs to the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Learned counsel for the petitioner further submits that petitioner is not concerned with the recovered liquor, which was handed over by the petitioner to the local transport office for

Patna High Court CR. MISC. No.41661 of 2023(2) dt.02-08-2023 2/2 public carrier. However, being the owner of the vehicle, petitioner has been implicated in this case. Petitioner has no criminal antecedent.

5. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount to each to the satisfaction of the learned Exclusive Excise Court 1st, Jamui in connection with Chakai P.S. Case No. 70 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) ashutosh/- U T