Amit Swarnkar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1545 of 2021 Arising Out of PS. Case No.-130 Year-2020 Thana- KHARIK District- Bhagalpur ====================================================== Amit Swarnkar S/O Indar Swarnkar Resident of Village- Kasba (Jalalgarh), Ward No.- 13, P.S. Kasba, District- Purnia at present residing in the House of Vijli Singh @ Vijli Paswan (Father-in-law), Mohalla- Gerabar (Bazar) Durgasthan, P.S. Korha, district- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-11-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(A) and 38(i) of the Bihar Prohibition & Excise Act, 2016.

Patna High Court CR. MISC. No.1545 of 2021(5) dt.25-11-2021 2/3 There is recovery of 104.625 litres of foreign liquor. The apprehended driver disclosed the name of five persons as his companion including the petitioner who fled away from the place of seizure.

It is submitted by learned counsel for the petitioner that petitioner has no concerned either with the seized car, or the apprehended accused or the illicit liquor. Nothing has been recovered from the conscious possession of the petitioner and on the basis of mere confession of the apprehended accused, the petitioner has been roped in the present case. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.1545 of 2021(5) dt.25-11-2021 3/3 satisfaction of learned 2nd Additional Sessions Judgecum-Special Judge (Excise), Bhagalpur in connection with Kharik P.S. Case No. 130 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T