Abhinav Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44628 of 2023 Arising Out of PS. Case No.-184 Year-2023 Thana- ARARIA District- Araria ====================================================== Abhinav Kumar, Son of Arun Kumar Mandal, Resident of village - Simarbani, ward no. 08, P.S. - Bhargama, Distt. - Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aman Vishal, Adv.
For the Opposite Party/s :
Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-08-2023
1. Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 413 and 414/34 of the Indian Penal Code and Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016.
3. It is alleged that 80 liters of cough syrup was recovered from a car (Swift Dzire).
4. It is submitted that the petitioner is innocent and has falsely been implicated in this case. The name of this petitioner surfaced in the confessional statement of co-accused persons, namely Akib and Soiab. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge of the loaded cough syrup in
Patna High Court CR. MISC. No.44628 of 2023(2) dt.08-08-2023 2/2 the alleged vehicle. Petitioner is neither owner nor driver of the vehicle in question. Petitioner claims clean antecedent.
5. Considering the facts of the case, in the event of arrest/surrender within six weeks from today, let the petitioner, above named, 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 Special Judge, Excise-I, Araria in connection with Araria (R.S.) Police Station Case No. 184 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) annu/kaushikU T