Patna High CourtCR. MISC./44549/2022bail granted

Rahul Kumar v. The State Of Bihar

2022-11-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44549 of 2022 Arising Out of PS. Case No.-330 Year-2020 Thana- BAUNSI District- Banka ====================================================== Rahul Kumar Son Of Late Narmadeshwar Singh R/V- Lagma, P.S- Jamui, Dist- Jamui At Present Residing In The House Of Nand Kumar Jha, S/O Vishnu Deo Jha, R/O Village- Baunsi Panda Tola, P.S- Bounsi, Dist- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Ranjan Kumar For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== 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 petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act. There is recovery of one litre of country made liquor from a motorcycle and one person was apprehended who disclosed his name as Nand Kumar Jha who disclosed the name of the petitioner as owner of the motorcycle.

It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.44549 of 2022(2) dt.04-11-2022 2/2 possession of the petitioner. The petitioner has already sold the aforesaid motorcycle to Nand Kumar Jha on 14.09.2020. Photocopy of the sale letter is annexed as Annexure-2 of the petition. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Considering the meager quantity of illicit liquor, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II, Banka in connection with Bounsi P.S. Case No. 330 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T