Presanjeet Kumar @ Presanjeet Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42674 of 2024 Arising Out of PS. Case No.-270 Year-2023 Thana- AAJAM NAGAR District- Katihar ====================================================== Presanjeet Kumar @ Presanjeet Kumar Sah S/o Subodh Sah R/o Bhogaon, P.S.- Kadwa, District-Katihar.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Kanhiya Kishor, 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 Ajamnagar P.S. Case No.270 of 2023 instituted under Section 30 (a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 40.695 litre foreign made liquor from the motorcycle of the petitioner which was driven by the co-accused Dipak Kumar on the date of occurrence.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner had already sold his motorcycle to one Dipak Kumar on 23.03.2022 and an agreement was made in this regard, a copy of same is attached with the application. Learned

Patna High Court CR. MISC. No.42674 of 2024(2) dt.10-07-2024 2/2 counsel submits that petitioner has no concern with the motorcycle or the seized liquor and he was not present at the spot. He further submits that petitioner has no criminal antecedent and he 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 Additional District and Sessions Judge, Exclusive Excise Court No.2, Katihar in connection with Ajamnagar P.S. Case No.270 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