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Patna High CourtCR. MISC./56679/2023allowed

Vishwajeet Kumar @ Guddu Ray v. The State Of Bihar

2023-09-04Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56679 of 2023 Arising Out of PS. Case No.-870 Year-2020 Thana- SONEPUR District- Saran ====================================================== Vishwajeet Kumar @ Guddu Ray S/O Kumar Varajaindra R/O VillageChhitar Pur, Ps. Sonepur, Distt. Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar, Adv For the Opposite Party/s :

Mr.Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 04-09-2023 Heard learned counsel for the petitioner and learned counsel for the Additional Public Prosecutor for the state.

2. The petitioner apprehends his arrest in connection with Sonepur P.S.Case No. 870 of 2020 instituted under Section 30(a), 38, 40(i) of Bihar Prohibition & Excise Act.

3. As per the prosecution case, 2 liters country made liquor and other materials were recovered from Ganga Diyara. Chowkidar disclosed the name of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is an innocent person and has committed no

Patna High Court CR. MISC. No.56679 of 2023(3) dt.04-09-2023 2/2 offence. Recovery of liquor is made from Diyara and petitioner has no concern with the said illicit liquor. Except the disclosure, there is nothing against the petitioner. He further submits that petitioner has two criminal antecedent.

5. Learned APP for the State Opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of the learned counsel for the parties, in the event of his arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs, 10,000/- ( ten thousand) with two sureties of the like amount to each to the satisfaction of the learned Exclusive 2nd Special Judge Excise, Saran at Chapra in connection with Sonepur P.S.Case No. 870 of 2020, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) N.K/- U T