Raj Kumar Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62588 of 2024 Arising Out of PS. Case No.-146 Year-2021 Thana- Dehri Mufassil District- Rohtas ====================================================== Raj Kumar Dubey S/o Late Ramshwarup Dubey R/o Vill- Jhukhehi, P.SAmadera District-Satna (MP) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jai Prakash Singh, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, 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 Dehri (M) P.S. Case No. 146 of 2021, registered under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 2254 liters liquor was recovered from three tractors.

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 was not present at the place of occurrence. Name of the petitioner has transpired on the basis of earlier ownership of the vehicle in question. The petitioner has

Patna High Court CR. MISC. No.62588 of 2024(2) dt.30-08-2024 2/2 already sold the vehicle to one Jitendra Kumar and it is further informed by Jitendra Kumar that he also sold the vehicle to one Rajan Kumar. The petitioner has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted anticipatory bail by a coordinate Bench of this Court vide order dated 10.07.2024 passed in Cr. Misc. No. 45844 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 Dehri (M) P.S. Case No. 146 of 2021, 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