Bhim @ Bhim Vishwakarma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55598 of 2024 Arising Out of PS. Case No.-481 Year-2024 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Bhim @ Bhim Vishwakarma Son of Late Ramchandra Mistri R/V- VillageBharat Gaura, P.S.- Amba, Distt.- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Singh, Advocate For the Opposite Party/s :

Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 25-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehend his arrest in connection with Town P.S. Case No.481 of 2024 instituted under Section 30(a) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, on secret information, Police raided the place of occurrence from where 375 ml of 47 bottles of foreign liquor i.e. total 17.625 litres were unloaded from a tempo. The allegation against the petitioner is that after

Patna High Court CR. MISC. No.55598 of 2024(3) dt.25-09-2024 2/3 loading the said liquor, he fled away.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case due to two criminal antecedents. He further submits that the petitioner has been implicated in this case only on the basis of suspicion only. Learned counsel for the petitioner also submits that the petitioner is neither the owner nor the driver of the concerned tempo and there is no recovery from the conscious possession of the petitioner and except the secret information, there is no material against the petitioner. The petitioner undertakes to co-operate in the investigation and the trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Special Judge, Excise Court No.1, Aurangabad / Concerned Trial Court in connection with Town P.S. Case

Patna High Court CR. MISC. No.55598 of 2024(3) dt.25-09-2024 3/3 No.481 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) ashishkr/- U T