Arun Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65813 of 2021 Arising Out of PS. Case No.-64 Year-2019 Thana- MAHINDWARA District- Sitamarhi ====================================================== ARUN BHAGAT Son of Bhikhari Bhagat Resident of Village - Dumkhana, P.S.- Minapur, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-05-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Sections 30(a), (b), (c), (f), 37 & 41 of the Bihar Prohibition and Excise Act, 2016 and under sections 25(1-b), (a), 27 & 35 of the Arms Act. On secret information, a raid was conducted and 3526 litres of illegal foreign liquor along with huge quantity of cosmetic items were seized from the truck and one country made pistol and two empty cartridges were also recovered. Learned counsel for the petitioner submits that petitioner has been made accused in this case only on the confessional statement of co-accused Bachcha Sahni. No

Patna High Court CR. MISC. No.65813 of 2021(2) dt.24-05-2022 2/2 incriminating materials has been recovered from the conscious possession of the petitioner. Petitioner is neither the owner nor the driver of the said vehicle. Petitioner has clean antecedent. Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Spl. Judge, Excise, Sitamarhi, in connection with Mahindwara P.S. Case No. 64/2019, subject to condition as laid down under section 438(2) of the code of criminal procedure. (Prabhat Kumar Singh, J) Ranjeet/- U T