Mahendra Kumar @ Raju @ Mahendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55173 of 2021 Arising Out of PS. Case No.-36 Year-2021 Thana- BODHGAYA District- Gaya ====================================================== Mahendra Kumar @ Raju @ Mahendra Prasad Son of Kartik Prasad Resident of Village - Khetko, P.S.- Bagodar, District - Giridih, Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471, 120 (A) of the Indian Penal Code and Sections 30(a), 36, 41(i) of the Bihar Prohibition & Excise Act.

Patna High Court CR. MISC. No.55173 of 2021(2) dt.18-04-2022 2/3 There is recovery of huge quantity of Indian made Foreign liquor from a truck. The petitioner and others are alleged to have fled away from the place of seizure.

It is submitted by learned counsel for the petitioner that nothing has been recovered from the conscious possession of the petitioner. The petitioner has not been apprehended from the spot. The name of the petitioner sprang up only on the confessional statement of the apprehended accused persons. The petitioner has no concern either with the seized liquor or the truck in question. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In the facts and circumstance of the case, 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

Patna High Court CR. MISC. No.55173 of 2021(2) dt.18-04-2022 3/3 satisfaction of learned Additional District Judge-II-cumSpecial Judge, Excise, Gaya in connection with Bodhgaya P.S. Case No. 36 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Shageer/- U T