Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41854 of 2024 Arising Out of PS. Case No.-61 Year-2024 Thana- PARBATTA District- Khagaria ====================================================== Rupesh Kumar Son Of Lalan Sharma @ Lalan Kumar Sharma Resident Of Village - Sumeri Tola, P.S. - Bharat Khand, O.P. (PARBATTA), District - Khagaria ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mritunjay Kumar For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-07-2024 Heard learned counsel for the petitioner and the learned APP for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 122.325 litres of Indian foreign liquor was recovered from the maize field of coaccused Durgesh Kumar @ Durga. 4.

Learned counsel appearing for the petitioner is innocent and has falsely been implicated in this case. The petitioner is not the owner of the said field. The recovery is made from the open field. The petitioner has no concern with alleged recovery. On the basis of suspicion, his name has been transpired in this case. Petitioner has got clean antecedent.

Patna High Court CR. MISC. No.41854 of 2024(2) dt.16-07-2024 2/2 5.

Learned A.P.P. for the State has opposed the prayer for grant of anticipatory bail to the petitioner. 6.

Considering the aforesaid facts of the case, this anticipatory bail is allowed, it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-II, Khagaria in connection with Parbatta P.S. Case No. 61 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Ranjeet/- U T