Avinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54131 of 2023 Arising Out of PS. Case No.-144 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== AVINASH KUMAR SON OF LATE RAMSWARATH GUPTA R/O-I.O.C.L. ROAD HIND NAGAR, PATNA, P.S.-BEUR, DISTT.-PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA, BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhaneshwar Prasad Gupta, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha.1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-08-2023 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(1) and 41(2) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 315 litres foreign liquor has been recovered from behind the market of Mukesh Kumar.

4. Learned Counsel for the petitioner submits that the market in question does not belong to the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner and his name transpired on the basis of confessional statement of co-accused. Petitioner claims clean antecedent.

5. Considering the aforesaid facts and circumstances

Patna High Court CR. MISC. No.54131 of 2023(2) dt.21-08-2023 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, Patna in connection with P.R.P. S. Case No. 144 of 2019, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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