Shivam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62611 of 2023 Arising Out of PS. Case No.-85 Year-2023 Thana- BARHIYA District- Lakhisarai ====================================================== Shivam Kumar S/O Ashok Singh R/o Ward No. 10, Vill Khutaha PS Barhiya Distt Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dharmendra Kumar Raju For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-10-2023 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence under Sections 30(a), 32, 41 of Bihar Prohibition and Excise Act.

3. Total 153 liters of foreign liquor has been recovered from two vehicles and from bush situated behind the school.

4. It is submitted on behalf of petitioner that no incriminating article has been recovered from the conscious possession of the petitioner. Petitioner is neither owner nor driver of any of the alleged vehicles. Petitioner claims clean antecedent.

5. Considering the nature of allegation and clean antecedent of petitioner, let the above named petitioner, in the event of his arrest or surrender within a period of six weeks

Patna High Court CR. MISC. No.62611 of 2023(2) dt.11-10-2023 2/2 from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge IV-cum-Special Excise Court 1st, Lakhisarai in connection with Barhiya P.S. Case No. 85 of 2023, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Singh, J) anay/- U T