Dheeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39232 of 2022 Arising Out of PS. Case No.-169 Year-2019 Thana- SALIMPUR District- Patna ====================================================== Dheeraj Kumar Son Of Arvind Roy R/O Village- Jagdishpur, P.S.- Mohanpur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar Singh For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-11-2022 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 Sections 30(a), 32(1)(2)(3), 41(c) of the Bihar Prohibition & Excise Act. There is recovery of 5328 litres of Indian made foreign liquor from a truck.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and he has falsely been implicated in the present case on the confessional statement of co-accused Uday Rai and Lukesh Rai@ Chandan the name of the petitioner came into light. Petitioner was not apprehended from the spot. Nothing has

Patna High Court CR. MISC. No.39232 of 2022(2) dt.04-11-2022 2/2 been recovered from the conscious possession of the petitioner. The vehicle in question does not belong to the petitioner. The name of petitioner was not in F.I.R. and during course of investigation his name surfaced. In the facts and circumstance of the case, 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 Thousands) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Barh at Hajipur in connection with Salimpur P.S. Case No. 169 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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