Sunil Mahto @ Nanhki @ Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43987 of 2022 Arising Out of PS. Case No.-604 Year-2020 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== SUNIL MAHTO @ NANHKI @ SUNIL KUMAR Son of Nagendra Mahto Resident of Village - Purani Gudri, P.s.- Muzaffarpur Town , Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Town P.S. Case no. 604 of 2020 instituted for the offence under Sections 272, 273, 414/34 of the IPC and Section 30(A) of the Bihar Prohibition of Excise Act.

Prosecution case relates to recovery of 110 litres of illicit liquor from three motorcycles and apprehended coaccused Ranjan Kumar disclosed that he was going to deliver the said liquor to the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.43987 of 2022(2) dt.04-11-2022 2/2 offence. Petitioner has no concern with the alleged recovery. The name of the petitioner has been disclosed in this case by the apprehended co-accused Ranjan Kumar, before the police, which has no evidentiary value in the eye of law. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Town P.S. Case no. 604 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Court No. 1, Muzaffarpur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U