Sujit Kumar @ Sujeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48000 of 2024 Arising Out of PS. Case No.-254 Year-2024 Thana- SAKRA District- Muzaffarpur ====================================================== Sujit Kumar @ Sujeet Kumar S/O Ramashankar Mishra R/O VillageBishanpur Baghnagari, P.S- Sakra, Distt.- Muzaffarpur. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Anish Kumar, Adv For the Opposite Party/s :

Mr. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Sakra P.S Case No. 254 of 2024 dated 06.05.2024 registered for the offence punishable u/s 30(a), 32(i) (ii), 36, 41(i) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 1080 litres of foreign liquor was recovered from the Truck.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not the owner of the said vehicle and the same was not being driven by him at the time of the alleged recovery. The name of the petitioner was disclosed by the

Patna High Court CR. MISC. No.48000 of 2024(2) dt.12-07-2024 2/2 apprehended co-accused person. The petitioner has clean criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Muzaffarpur, in connection with Sakra P.S Case No. 254 of 2024, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T