Golu Jaiswal @ Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43466 of 2024 Arising Out of PS. Case No.-96 Year-2024 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== Golu Jaiswal @ Golu Kumar S/O Daddan Jaiswal R/O Village-Sabar, P.S.- Sabar, Distt-Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in Durgawati P.S. Case No. 96 of 2024, registered under Sections 30(a) and 32(iii) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 302.40 liters liquor was recovered from Bolero car.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery of liquor. Learned counsel for the petitioner further submits that the petitioner is neither owner

Patna High Court CR. MISC. No.43466 of 2024(2) dt.26-06-2024 2/2 nor driver of the vehicle in question. Name of the petitioner has transpired on the basis of disclosure made by the co-accused persons which has no evidentiary value. The petitioner has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Durgawati P.S. Case No. 96 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Rajorshi/- U T