Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52442 of 2022 Arising Out of PS. Case No.-281 Year-2021 Thana- NADI P.S. District- Patna ====================================================== SANDEEP KUMAR S/o Bhuneshwar Ray R/o village- Jethuli, P.S.- Nadi, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr. Arun Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-10-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through the virtual Court proceedings. Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a), 34, 36, 41 and 44 of the Bihar Prohibition and Excise (Amendment) Act, 2018. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

Allegation is of recovery of 100 litres of spirit and empty bottles from the brick hut of Bhuneshwar Ray, 50 litres of spirit and empty bottles and 66.375 litres of liquor from Rajiv Kumar's brick hut and 84.75 litres of liquor and 40 litres of spirit from the house of Loknath Rai.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case and he was not

Patna High Court CR. MISC. No.52442 of 2022(2) dt.14-10-2022 2/2 arrested from the spot, as such, nothing was recovered from his conscious possession. Learned counsel further submits that petitioner, being the son of Bhuneshwar Ray, came to be implicated. Learned counsel also submits that petitioner was completely unaware that his father was indulging in such activity. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Special Case No. 6197 of 2021 arising out of Nadi P.S. Case No. 281 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T