Sudhir Prasad @ Sudhir Kumar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52810 of 2022 Arising Out of PS. Case No.-62 Year-2022 Thana- UCHKAGAON District- Gopalganj ====================================================== Sudhir Prasad @ Sudhir Kumar Prasad Son of Ram Pravesh Prasad Resident of Village - Narkatia, P.S.- Uchkagaon, District - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhramveer For the Opposite Party/s :

Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Uchkagaon P.S. Case no. 62 of 2022 instituted for the offence under Sections 414/34 of the Indian Penal Code and Section 30(a), 35, 38 of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of total 432 liters country made liquor respectively from Scorpio bearing Reg. No. BR28E-6375 and Car bearing Reg. No. DL8CAR-4570. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner has no concern with the alleged recovery illicit wine as well as seized vehicles. The name of the petitioner has been disclosed in this case by the co-accused persons who

Patna High Court CR. MISC. No.52810 of 2022(2) dt.15-11-2022 2/2 were arrested on spot. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Uchkagon P.S. Case no. 62 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Jduge-II-Cum-Spl. Judge, Excise Court No.2, Gopalganj subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U T