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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53499 of 2022 Arising Out of PS. Case No.-469 Year-2022 Thana- MAHUA District- Vaishali ====================================================== Sudhir Kumar @ Sudhir Kumar Yadav, S/O Jatta Ray R/O Village- Mahua Singh Ray, P.O.- Mahua, P.S.- Mahua, District- Vaishali ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar For the Opposite Party/s :

Mr. Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-10-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 414/ 34 of the I.P.C. and Section 30(a) of the Excise Act, 2018. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 90.750 litres of liquor from a Santro Car. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that petitioner is neither the owner, nor the driver of the alleged vehicle and he came to be implicated at the instance of local Chaukidar and secret informer. The learned counsel submits that

Patna High Court CR. MISC. No.53499 of 2022(2) dt.14-10-2022 2/2 it appears that with a view to save the real culprit, the petitioner came to be implicated falsely.

Learned A.P.P. opposes the bail application.

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, is directed to be released on bail on his furnishing bail-bonds in the sum 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 in connection with Mahua P. S. Case No.469 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T