Pradeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42887 of 2024 Arising Out of PS. Case No.-233 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Pradeep Kumar Son of Raj Narayan Sahni, Village- Ismailpur, P.S.- Hajipur Sadar (Kajipur), Distt.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dashrath Mehta, 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 Hajipur Sadar (Kajipur) P.S. Case No.233 of 2024 instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, one person standing with motorcycle and loaded with a jute sack on it managed to escape on seeing the police team. On search made by police, 100 litres illicit country made liquor was recovered therefrom.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to village politics. The petitioner is the owner of the motorcycle. The said motorcycle was taken by a co-villager,

Patna High Court CR. MISC. No.42887 of 2024(2) dt.10-07-2024 2/2 namely, Amresh Kumar Rai for purchasing medicines and the petitioner had no knowledge about illegal activity of Amresh Kumar Rai. The petitioner has no concern with the seized liquor. The petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and the trial.

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 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1 -cum-Additional District and Sessions Judge, Vaishali at Hajipur in connection with Hajipur Sadar (Kajipur) P.S. Case No.233 of 2024 subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

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