Shishu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53717 of 2021 Arising Out of PS. Case No.-12 Year-2021 Thana- BELDOUR District- Khagaria ====================================================== SHISHU KUMAR Sonof Dhirendra Yadav Resident of Village- Mali, P.S.- Beldour, District- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra, Adv.

For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-04-2022 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 Beldour P.S. Case no. 12 of 2021 instituted for the offence under Section 30(g) of the Bihar Prohibition of Excise Act. As per allegation in the FIR, on secret information a raid was conducted by the police and a vehicle was intercepted. On the alleged vehicle eight cartons, each containing 100 bottles of 100 ML of cough-syrup were seized and one person, namely, Abhinandan Kumar was also apprehended on spot while three persons were managed to escape. Apprehended person has disclosed the name of all the absconder including the petitioner. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.53717 of 2021(2) dt.12-04-2022 2/2 has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case on the basis of of the extra-judicial confessional statement of co-accused Abhinandan Kumar, which has no evidentiary value in the eye of law. Petitioner has no concern with the alleged business or with the persons involved in the said business. Petitioner has no criminal antecedent.

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 Beldour P.S. Case no. 12 of 2021, 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 Special Judge (Excise), Khagaria subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U T