Sujeet Kumar Goswami v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57507 of 2023 Arising Out of PS. Case No.-96 Year-2023 Thana- PIYAR District- Muzaffarpur ====================================================== Sujeet Kumar Goswami Son Of Shivnath Goswami Village- Harpur Ps- Piar, Dist- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hari Kishore Thakur, Advocate For the Opposite Party/s :
Mr. Manoj 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 Piar P.S. Case No. 96 of 2023 instituted under Section 30 (a) of Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 437.4 litres of illicit foreign liquor was recovered from Scorpio. The allegation is that accused persons including the petitioner succeeded in fleeing away from the spot.
4. Learned counsel for the petitioner submits that seized Scorpio neither belongs to the petitioner nor he was driving the Scorpio. There is no recovery from the possession of the petitioner. It is further submitted that petitioner is innocent and has falsely been implicated in this case due to one criminal
Patna High Court CR. MISC. No.57507 of 2023(2) dt.31-08-2023 2/2 antecedent.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of 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 Special Judge Excise, Court No. - II, Muzaffarpur in connection with Piar P.S. Case No. 96 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) ashutosh/- U T