Raj Kumar Saw @ Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42810 of 2024 Arising Out of PS. Case No.-535 Year-2023 Thana- KAUWAKOL District- Nawada ====================================================== Raj Kumar Saw @ Raj Kumar Son of Somar Saw, Resident of VillageDumar Jhar, P.S.- Gawan, Distt.- Giridih. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Deepak Kumar, Advocate.

For the Opposite Party/s :

Mr. Arun Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Kawakol P.S. Case No.535 of 2023 instituted under Section 30(a) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, there is recovery of 1500 litre country made mahua liquor from a pickup van near Sekhodewra Mor.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case due to his two criminal antecedents. He further submits that there is no material against the petitioner and only on the basis of secret information, his name has been implicated in this case. Learned counsel submits that petitioner was neither present at

Patna High Court CR. MISC. No.42810 of 2024(2) dt.10-07-2024 2/2 the spot nor he is the driver or owner of the seized vehicle and he has no concern with the alleged seized liquor. He further submits that petitioner undertakes to cooperate 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 submissions 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/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Exclusive Special Excise Court-2, Nawada in connection with Kawakol P.S. Case No.535 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Ritik/- U T