Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51277 of 2024 Arising Out of PS. Case No.-903 Year-2023 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Pintu Kumar Son Of Laddu Lal Resident Of Village - Meyari, P.S. - Sarai Ranjan, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dwij Raj For the Opposite Party/s :

Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with with Muzaffarpur Sadar P.S. Case NO. 903 of 2023 registered under sections 467, 468, 471, 120(B) of the Indian Penal Code and Sections 30(a), 32(i)(ii)(iii), 36, 40(i)(ii) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the informant along with other police personnel raised the fertilizer godwon of the coaccused Bipin Kumar and saw that one truck and three pickup van are standing three loaded with huge quantity of liquor. The police team seized total 7238 liters of liquor from said vehicles.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.51277 of 2024(2) dt.19-07-2024 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in this case on being owner of one of the seized vehicle. He has no concern with the alleged recovery of foreign liquor. He has also not arrested on spot. It is further submitted that the petitioner has got no criminal antecedent. Other co-accused Bipin Kumar has also granted bail by this Court vide order dt. 1.12.2023 in Cr. Misc. No. 72703 of 2023.

5. Learned APP appearing for the state has opposed the prayer of bail.

6. Considering the facts and circumstance of the case, 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 Sadar P.S. Case no. 903 of 2023, 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 Exclusive Special Court Excise-I, Muzaffarpur, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Amandeep/- U