Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34599 of 2020 Arising Out of PS. Case No.-262 Year-2019 Thana- MANIYARI District- Muzaffarpur ====================================================== SUDHIR KUMAR, SON OF AKHILESH SINGH, RESIDENCE OF VILLAGE - SHAHPUR MARICHA, P.S.- MANIYARI, DISTRICTMUZAFFARPUR ... Petitioner

Versus

THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mrs. Pratima Kumari, Adv.

For the Opposite Party :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-03-2021 As prayed for, let the learned counsel for the petitioner remove the defect(s), as pointed out by the office vide it's note, dated 11.12.2020, within four weeks of starting of the Court proceeding in physical mode properly.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state through video conferencing.

The petitioner seeks pre-arrest bail in connection with Maniyari P.S. Case No. 262 of 2019, registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The accusation is that in course of patrolling duty, the informant got information about keeping the liquor in the poultry farm of Akhilesh Singh in village Shahpur, then, the informant and other police personnel reached there. On seeing

Patna High Court CR. MISC. No.34599 of 2020(2) dt.17-03-2021 2/3 police jeep, two persons started to flee away from poultry farm of Akhilesh Singh, on chase they succeeded to flee away. On search of poultry farm of Akhilesh Singh, 71 cartons, each containing 48 bottles of 180 ml of Indian made foreign liquor recovered. The villagers present there disclosed the name of Akhilesh Singh and Sudhir Kumar (petitioner), who succeeded to flee away.

Submission is that it would appear that the alleged bottles of Indian made foreign liquor are said to be recovered from the poultry farm of Akhilesh Singh while it is alleged in the first information report that the villagers disclosed the names of Akhilesh Singh and Sudhir Kumar (petitioner), who succeeded to flee away from there, but, the name of the villager has not been disclosed in the first information report. Due to dirty village politics, the petitioner has been implicated in this case. The petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Maniyari P.S. Case No. 262 of 2019 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.34599 of 2020(2) dt.17-03-2021 3/3 satisfaction of the Special Judge, Excise, Muzaffarpur, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T