Awadhesh Kumar Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56612 of 2024 Arising Out of PS. Case No.-862 Year-2023 Thana- KAHALGAON District- Bhagalpur ====================================================== Awadhesh Kumar Poddar S/O Bhagwat Poddar R/O Vill- Babupur, PSSabour, Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vivekanand Vivek, Advocate For the Opposite Party/s :

Mr. Indu Kumari Srivastav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Kahalgaon (Ghogha) P.S. Case No. 862 of 2023 instituted for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 77.620 litres of Indian made Foreign liquor was recovered from the tempo.

Patna High Court CR. MISC. No.56612 of 2024(2) dt.09-08-2024 2/3

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner is neither the owner nor the driver of the vehicle as mentioned in paragraph no.7 of the present bail application. The petitioner has got no concern with the alleged recovery of liquor. The petitioner has no criminal antecedent. The coaccused person has already been granted regular bail by this Bench vide order dated 04.12.2023 passed in Cr. Misc. No. 77762 of 2023. There is no compliance of Section 100 of the Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest/surrender before the learned Court below within a period of six months from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kahalgaon (Ghogha) P.S. Case No. 862 of 2023, subject to the conditions

Patna High Court CR. MISC. No.56612 of 2024(2) dt.09-08-2024 3/3 as laid down under Section 438(2) of the Code of Criminal Procedure.

(Rudra Prakash Mishra, J) Alok Verma/- U T