Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46500 of 2023 Arising Out of PS. Case No.-340 Year-2023 Thana- PATNA CITY CHOWK District- Patna ====================================================== Sunil Kumar S/o Muni Lal Ray @ Munilal Ray, Resident of villageHiranandshah Gali, Police Station-Chowk, District-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Pradhan, Advocate For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks pre-arrest bail in connection with Chowk P.S.Case No.340/23, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

As per FIR, allegation against the petitioner is of recovery of 20.5 ltr. of illicit country-made liquor from the backside of the Khatal of the petitioner kept in a plastic bag. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has falsely been implicated in the present case and made accused for the offence committed under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

Patna High Court CR. MISC. No.46500 of 2023(2) dt.11-08-2023 2/2 Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail. He has further submitted that there are three cases of similar nature pending against the petitioner under the Excise Act.

Considering the nature of allegation made in the FIR as well as the quantity of the liquor recovered from the backside of the Khatal of the petitioner, the petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, 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, Patna City in connection with Chowk P.S.Case No.340/23, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with a warning that the petitioner will not be indulged in similar nature of offence in future.

(Purnendu Singh, J) chn/- U