Arun Shahi @ Arun Kumar Shahi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62127 of 2024 Arising Out of PS. Case No.-24 Year-2024 Thana- SARAIYA District- Muzaffarpur ====================================================== Arun Shahi @ Arun Kumar Shahi Son of Asharfi Shahi Village- Chakna Chakda Ps- Saraiya Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in Saraiya P.S. Case No. 24 of 2024, registered under Sections 272, 273/34 of the Indian Penal Code, Sections 30(a), 32(2), 32(3), 36, 41(1) and 41(2) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 3024 liters liquor was recovered from truck.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner also submitted that the petitioner is neither owner nor driver of the

Patna High Court CR. MISC. No.62127 of 2024(2) dt.30-08-2024 2/2 truck in question. The petitioner was not arrested on spot and has no concern with the alleged recovery of liquor. The petitioner has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted anticipatory bail bya co-ordinate Bench of this Court vide order dated 14.03.2024 passed in Cr. Misc. No. 16703 of 2024. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Saraiya P.S. Case No. 24 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Alok Verma/- U T