Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52309 of 2022 Arising Out of PS. Case No.-358 Year-2022 Thana- KATEYA District- Gopalganj ====================================================== Arvind Kumar Son Of Tribeni Sahni, R/O Village- Nayagaon Parsawn (parmama) Tola, P.S.- Aurai, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satyendra Rai, Advocate For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-11-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Kateya P.S. Case No.358 of 2022 lodged under Section 414 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016 and amended Act, 2018.

As per prosecution case, total recovery of 131.955 liter foreign liquor is subject matter of the present case. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that the said recovery was made from a tempo and petitioner was sitting on the tempo being a co-passenger. He

Patna High Court CR. MISC. No.52309 of 2022(2) dt.25-11-2022 2/2 further submits that the antecedent of the petitioner is clean and he is in custody since 09.08.2022. He further submits that petitioner has been apprehended from the place of occurrence, but there is gross violation of Section 100 of Cr.P.C. and charge sheet has been filed in this case.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District & Sessions Judge-IIcum- Special Judge, Excise-I, Gopalganj in connection with Kateya P.S. Case No. 358 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T