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Patna High CourtCR. MISC./57070/2023allowed

Anuj Kumar @Anuj Kumar Singh v. The State Of Bihar

2023-08-31Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57070 of 2023 Arising Out of PS. Case No.-94 Year-2023 Thana- RISIYAP District- Aurangabad ====================================================== Anuj Kumar @ANUJ Kumar Singh Son Of Jitan Mehata Resident Of VillageAmauna, Post- Sundarganj, P.S.- Risiup, District- Auranagabad, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjit Kumar, Advocate For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Risiup P.S. Case No. 94 of 2023 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. As per the prosecution case, it is alleged that 432 liters foreign liquor has been recovered from a car.

4. Learned counsel for the petitioner submits that the petitioner is innocent, committed no offence and has falsely been implicated in this case. He further submits that he was not arrested from the spot and no incriminating material has been recovered from the conscious possession of the petitioner or from his house and he was not present on the spot at the time of

Patna High Court CR. MISC. No.57070 of 2023(2) dt.31-08-2023 2/2 occurrence. The petitioner has no criminal antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of 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 each to the satisfaction of the learned Special Judge, Excise Court Second, Aurangabad (Bihar) in connection with Risiup P.S. Case No. 94 of 2023, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) saurabhkr/- U T