Sumit Kumar @ Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 59156 of 2023 Arising Out of PS. Case No.-1 Year-2023 Thana- BANNUBAGICHA District- Lakhisarai ====================================================== Sumit Kumar @ Pandey, S/O Raj Kumar Yadav @ Raj Yadav, Resident Of Village- Lakhochak, P.S.- Kiul, District-Lakhisarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :
Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Bannubagicha P.S. Case No. 01 of 2023 instituted under Section 30 (a) of Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 40 litres of illicit country made Mahua liquor was recovered from two motorcycles.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to four criminal antecedents against him. Petitioner was neither apprehended on the spot nor concerned with the seized motorcycles except the disclosure made by the apprehended coaccused. There is no material /evidence against the petitioner.
5. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No. 59156 of 2023(2) dt.08-09-2023 2/2 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 Additional District & Sessions Judge V- cum- Exclusive Special Excise Court II, Lakhisarai in connection with Bannubagicha P.S. Case No. 01 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) khushbu/- U T