Sunil Chaurasiya @ Sunil Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46403 of 2024 Arising Out of PS. Case No.-202 Year-2024 Thana- SAKRA District- Muzaffarpur ====================================================== Sunil Chaurasiya @ Sunil Bhagat Son of Gulgul Chaurasiya Resident of Village - Sujawalpur, P.S.- Sakra, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Sakra P.S. Case No. 202 of 2024 instituted for the offences under Sections 30(a) of the Bihar Prohibition of Excise Act.

3. The prosecution case, in short, is that total 45.06 litres of liquor was recovered from motorcycle.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner is not the owner of the said motorcycle. Learned counsel further submitted that the name of the petitioner has transpired in this case merely on the basis of confessional

Patna High Court CR. MISC. No.46403 of 2024(2) dt.12-07-2024 2/2 statement of the co-accused who was apprehended on the spot. The petitioner has got no concern with the alleged recovery of liquor. The co-accused person has already been granted regular bail by this Bench vide order dated 07.05.2024 passed in Cr. Misc. No. 34527 of 2024. The petitioner has no criminal antecedent. There is no compliance of Section 100 of the 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 of the case, let the petitioner above named, in the event of arrest/surrender before the learned Court below within a period of six months from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sakra P.S. Case No. 202 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Alok Verma/- U T