Sandeep Kushwaha @ Sandeep Kumar Kushwaha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45415 of 2024 Arising Out of PS. Case No.-31 Year-2024 Thana- PIPRASI District- West Champaran ====================================================== Sandeep Kushwaha @ Sandeep Kumar Kushwaha, Son of Ramdarash Kushwaha R/O Vill.- Malpura, P.S.- Bagaha, Dist.- West Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kr Singh No. 1, Advocate For the Opposite Party/s :
Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Piprasi P.S. Case No. 31 of 2024, instituted under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 23.040 litres foreign liquor has been recovered from a motorcycle on which two accused-persons were riding who disclosed the name of the petitioner and co-accused Binod Yadav that the seized liquor was given to them by the petitioner and co-accused Binod Yadav.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Petitioner has clean antecedent. Except disclosure
Patna High Court CR. MISC. No.45415 of 2024(2) dt.24-07-2024 2/2 statement, there is no material against the petitioner. Petitioner was not present at the place of occurrence. He has no concern with the seized liquor. He undertakes to co-operate in the investigation.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submission 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 each to the satisfaction of learned concerned Court where the case is pending in connection with Piprasi P.S. Case No. 31 of 2024, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) rakhi/- U T