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Patna High CourtCR. MISC./50458/2023bail granted

Roshan Kumar v. The State Of Bihar

2023-08-17Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50458 of 2023 Arising Out of PS. Case No.-475 Year-2022 Thana- KALYANPUR District- Samastipur ====================================================== Roshan Kumar Son Of Surendra Rai @ Surendra Ray R/O-Bhagwanpur Gorana, P.S.-Kalyanpur, Distt.-Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Singh, Advocate Mr. Pravin Kumar, Advocate For the Opposite Party/s :

Mr. Madan Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-08-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 30(a), 41(i) (ii) and 47 of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 613.44 litres wine has been recovered from the field of one Sikandar Rai.

4. Learned counsel for the petitioner submits that field in question does not belong to the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner and he has been made accused only on suspicion. Petitioner claims clean antecedent.

5. Considering the aforesaid facts and circumstances

Patna High Court CR. MISC. No.50458 of 2023(2) dt.17-08-2023 2/2 of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge Excise-I, Samastipur in connection with Kalyanpur P. S. Case No. 475 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T