Sushil Kumar Dubey @ Sushil Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41534 of 2022 Arising Out of PS. Case No.-725 Year-2020 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== 1.

SUSHIL KUMAR DUBEY @ SUSHIL DUBEY Son of Late Shambhu Dubey Resident of village- Dubey Tola Dumari, P.S.- Sadar, DistrictMuzaffarpur 2.

Suyesh Kumar @ Raja @ Suyash Kumar Son of Sunil Kumar Dubey @ Sushil Dubey Resident of village- Dubey Tola Dumari, P.S.- Sadar, DistrictMuzaffarpur 3.

Moti Kumar @ Vibhu Kumar Son of Sunil Kumar Dubey @ Sushil Dubey Resident of village- Dubey Tola Dumari, P.S.- Sadar, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajiv Kumar, Advocate For the Opposite Party/s :

Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016. It is a case of recovery of only 2.700 liters of illicit liquor near the boundary.

It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that meagre quantity of liquor has been

Patna High Court CR. MISC. No.41534 of 2022(2) dt.17-10-2022 2/2 recovered and petitioners have not been apprehended at the spot. Petitioners have clean antecedent.

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 illicit liquor has been recovered, let the petitioners, above named in the event of their 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) each with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Act, Court No.1, Muzaffarpur in connection with Muzaffarpur Sadar P.S. Case No. 725 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U