Sunil Kumar Saw @ Sunil Saw v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45844 of 2024 Arising Out of PS. Case No.-146 Year-2021 Thana- Dehri Mufassil District- Rohtas ====================================================== Sunil Kumar Saw @ Sunil Saw Son of Gulten Saw R/O Village - Dariha, P.S.- Balu Math, District - Latehar (Jharkhand).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Mukul Kumari, Advocate For the Opposite Party/s :
Mrs.Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Dehri Mufassil P.S. Case No. 146 of 2021 instituted for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act.
3. Prosecution case, in short, is that total 2254 litres of liquor was recovered from three tractors.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel further submitted that petitioner is neither the
Patna High Court CR. MISC. No.45844 of 2024(2) dt.10-07-2024 2/3 owner nor the driver of the said vehicle in question, rather his name has transpired in this case as one mobile phone is alleged to have been recovered from the vehicle and the said mobile belongs to the petitioner. Learned counsel further submitted that except suspicion, there is no any cogent material against the petitioner. Petitioner has got no any concern with the alleged recovery of liquor. The co-accused person has already been granted regular bail by this Bench vide order dated 01.04.2024 passed in Cr. Misc. No. 24149 of 2024. Learned counsel further submitted that there is no compliance of Section 100 of the Cr.P.C. It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent.
5. Learned A.P.P. 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 Dehri Mufassil P.S. Case No. 146 of 2021, subject to the conditions as laid down
Patna High Court CR. MISC. No.45844 of 2024(2) dt.10-07-2024 3/3 under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Alok Verma/- U T