Patna High CourtCR. MISC./39185/2022allowed

Yogendra Sharma v. The State Of Bihar

2022-09-23Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39185 of 2022 Arising Out of PS. Case No.-62 Year-2022 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== YOGENDRA SHARMA S/O MAHENDRA SHARMA Resident of VillageSujawalpur, P.S.- Sakra, District- Muzaffarpur, at present C/O Ghanshyam Singh, near Ramdayalu Gumati, P.S.- Sadar, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nityanand, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-09-2022 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 Sections 30(a) and 31(ii) of the Bihar Prohibition and Excise Act, 2016. It is a case of recovery of only 1.620 liters of foreign liquor from a motorcycle.

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.

Patna High Court CR. MISC. No.39185 of 2022(2) dt.23-09-2022 2/2 Learned APP appearing for the State has opposed the 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 Exclusive Special Excise Court No.1, Muzaffarpur in connection with Kazimohammadpur P.S. Case No. 62 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