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Patna High CourtCR. MISC./58090/2023allowed

Amar Kumar Bhandari v. The State Of Bihar

2023-09-01Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58090 of 2023 Arising Out of PS. Case No.-57 Year-2021 Thana- TETERHAT District- Lakhisarai ====================================================== Amar Kumar Bhandari Son Of Nitay Bhandari Resident Of Village- Adarsh Colony (RAMPUR), Malhara, Deoghar, Ps- Mohanpur, Distt- Deoghar, Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-09-2023 Heard learned counsel for the petitioner and State.

2. This application has been filed for grant of anticipatory bail in connection with Tetarhat P.S. Case No. 57 of 2021 for the offence under Section 30A of the Bihar Prohibition and Excise, 2018.

3. Learned counsel for the petitioner submits that there is recovery of 712 litres of foreign liquor from the vehicle in question. He further submits that petitioner is the owner of the commercial vehicle i.e. Bolero Pickup and is based in Jharkhand and therefore, he is innocent and he has not committed any offence as it has been alleged in the F.I.R.

4. Learned APP for the State has vehemently opposed the prayer of the petitioner.

5. Considering the aforesaid facts, the application for

Patna High Court CR. MISC. No.58090 of 2023(2) dt.01-09-2023 2/2 anticipatory bail is allowed.

6. Accordingly, let the petitioner, above-named, in the event of his arrest or surrender in the court below within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.D.J-V-cumSpecial Judge (Excise), Lakhisarai in connection with Tetarhat P.S. Case No. 57 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.PC.

(Sandeep Kumar, J) Harsh/ U T