Patna High CourtCR. MISC./63859/2024bail granted

Randhir Kumar v. The State Of Bihar

2024-09-30Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63859 of 2024 Arising Out of PS. Case No.-413 Year-2023 Thana- Excise P.S. District- Samastipur ====================================================== Randhir Kumar son of Bindeshwar Yadav Resident of village- Rahimpur Rudauli, Police station- Muffasil, District -Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Anant Kumar Mishra, Advocate For the State :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-09-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

3. As per prosecution case, 3 litres foreign liquor has been recovered from an orchard.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case merely on suspicion. Nothing has been recovered from conscious possession of this petitioner. The alleged illicit liquor has been recovered from an open place, which is accessible to one and all. Petitioner claims clean antecedents.

Patna High Court CR. MISC. No.63859 of 2024(2) dt.30-09-2024 2/2

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the aforesaid facts and circumstances, the fact that nothing has been recovered from conscious possession of this petitioner and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner 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 Special Judge (Excise)-2, Samastipur, in connection with Excise (Sadar) P.S. Case No. 413 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T