Sintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54348 of 2024 Arising Out of PS. Case No.-173 Year-2024 Thana- RAJAOLI District- Nawada ====================================================== Sintu Kumar Son of Kameshwar Yadav R/o Village- Devipur, P.S.- Akbarpur, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 29-11-2024 Heard Mr. Pramod Kumar Verma, learned counsel appearing on behalf of the petitioner and Mr. Gauri Shankar Gupta, learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Rajauli P.S. Case No. 173 of 2024 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.

3. As per the allegation made in the FIR, 20 liters of illicit liquor was recovered from a motorcycle.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and he has falsely been implicated in the present case. The name of the petitioner

Patna High Court CR. MISC. No.54348 of 2024(3) dt.29-11-2024 2/3 has surfaced in the present case on the basis of the confessional statement of co-accused Sikandar Choudhary and the confessional statement made before police has no evidentiary value. He further submitted that the petitioner has no concern either with the seized motorcycle or with the alleged recovered liquor. One other co-accused person has already been granted anticipatory bail by this Court vide order dated 31.08.2024 passed in Cr. Misc. No.55895 of 2024.The petitioner has clean antecedent. On these grounds, the petitioner seeks to be released on bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. In the facts and circumstances of the case, the petitioner, above named, is directed to be released on anticipatory bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned Exclusive Special Excise Court No.02, Nawada in connection with Rajauli P.S. Case No. 173 of 2024 subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The learned District Court is directed to verify

Patna High Court CR. MISC. No.54348 of 2024(3) dt.29-11-2024 3/3 the criminal antecedent of the petitioner, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner, as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J.) Ashishsingh/- U T