Kanchan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44304 of 2022 Arising Out of PS. Case No.-90 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali ====================================================== KANCHAN KUMAR S/o Suresh Ray R/o village- Diwantok, P.s.- Gangabridge, District- Vaishali .. ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravish Mishra For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== 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 instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with C 2 A No. 90 of 2021 instituted for the offence under Sections 3(a), 32(i)(ii), 41(i) of the Bihar Prohibition of Excise Act.

Prosecution case relates to recovery of 400 litres of country made liquor from a santro car and co-accused Lakhindra Rai was apprehended on spot who disclosed the name of the petitioner and co-accused Mithlesh Rai. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner has no concern with the alleged recovery or with the vehicle in question. The name of the petitioner has been

Patna High Court CR. MISC. No.44304 of 2022(2) dt.04-11-2022 2/2 disclosed in this case by the apprehended co-accused Lakhindra Rai before the police, which has no evidentiary value in the eye of law. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession. 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 C 2 A no. 90 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 (Second)-cumAdditional District and Sessions Judge, Hajipur, Vaishali subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U