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Patna High CourtCR. MISC./45341/2024allowed

Shashi Kumar @ Rashi Kumar v. The State Of Bihar

2024-07-24Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45341 of 2024 Arising Out of PS. Case No.-49 Year-2024 Thana- Lakho District- Begusarai ====================================================== Shashi Kumar @ Rashi Kumar Son of Late Dukho Bhagat, Village- Dhabauli, P.S.- Lakho, Distt.- Begusarari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Lakho P.S. Case No.49 of 2024 instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. There is recovery of 26.64 litres of illicit liquor from the place situated near Toll Plaza.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner was not present at the spot and the petitioner has no concern with the spot from where the liquor was recovered. Nothing has been recovered from conscious possession of the petitioner. Except suspicion, there is nothing material against the petitioner. Petitioner is a young boy having no criminal

Patna High Court CR. MISC. No.45341 of 2024(2) dt.24-07-2024 2/2 antecedent and he undertakes to cooperate in the investigation and the trial.

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 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Judge I, Begusarai in connection with Lakho P.S. Case No.49 of 2024, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Harish/- U T