Bigu Kumar @ Pradeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49416 of 2021 Arising Out of PS. Case No.-109 Year-2021 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== BIGU KUMAR @ PRADEEP KUMAR Son of Jagdev Das Resident of Village - Lahan Dhaka, P.s.- Dhaka, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Karandeep Kumar For the Opposite Party/s :

Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 25-03-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kundwachainpur P.S. Case No. 109 of 2021 registered under Sections 30(a) and 41(i) of the Bihar Prohibition and Excise (Amendment) Act.

Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Petitioner is not named in the first information report. During the course of investigation, only on the confessional statement of co-accused, the name of the petitioner has been transpired. Further he submits that petitioner was neither identified by any witness on the spot nor was seen at

Patna High Court CR. MISC. No.49416 of 2021(2) dt.25-03-2022 2/2 the place of occurrence. Further he submits that the seized motorcycle does not belong to the petitioner. Petitioner has no criminal antecedent.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of the Special Judge, Excise Act, East Champaran at Motihari in connection with Kundwachainpur P.S. Case No. 109 of 2021, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

shailendra/- (Arvind Srivastava, J) U T