Patna High CourtCR. MISC./59294/2023bail granted

Shivam Kumar v. The State Of Bihar

2023-09-22Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59294 of 2023 Arising Out of PS. Case No.-290 Year-2023 Thana- BARAUNI District- Begusarai ====================================================== SHIVAM KUMAR S/O CHANDAN SINGH RESIDENT OF VILLAGE BIHAT TOL P.S. BARAUNI DISTT BEGUSARAI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sarvottam Kumar For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-09-2023

1. Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The Petitioner is apprehending his arrest in connection with Barauni P.S. Case No. 290 of 2023 dated 14.06.2023, in a case registered for the offences punishable u/s 30(a), 41(I) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, it is alleged that this petitioner along with other co-accused persons is involved in the

Patna High Court CR. MISC. No.59294 of 2023(2) dt.22-09-2023 2/3 illicit trade of liquor. One the basis of secret information, the alleged place was raided. Seeing the police party, all the accused persons including this petitioner fled away on two motorcycles. Police recovered 192.78 litres of illicit foreign liquor from the maize field.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. He has further submitted that the recovery has been made from the corn field which is an open place. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Begusarai in connection with Barauni P.S. Case No. 290 of 2023, subject to conditions as laid down under section 438(2) of

Patna High Court CR. MISC. No.59294 of 2023(2) dt.22-09-2023 3/3 the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T