Sankar Swain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61308 of 2022 Arising Out of PS. Case No.-05 Year-2021 Thana- BIHARSHARIF RAIL P.S. District- Patna ====================================================== Sankar Swain S/O Kuvar Swain R/O Vill- Palapur, Gopalpur, P.S- Banki, District- Cuttak, State- Orissa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shambhu Narayan Singh, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise (Amendment)Act, 2018. Allegedly, it is a case of recovery of illicit liquor from the pantry car of the Shramjeevi Express train. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that he has no concern with the seized liquor and no any incriminating article has been recovered from the conscious possession of the petitioner as well as petitioner has not been apprehended at the spot. He further submits that the name of the petitioner transpired during the course of

Patna High Court CR. MISC. No.61308 of 2022(2) dt.02-12-2022 2/2 investigation only for being Director/Contractor of M/s New Classic Caterers Private Limited, which carry out the works of catering in the Shramjeevi Express train temporarily. Considering the aforesaid submissions, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Special Case No. 5995 of 2021 arising out of Rail P.S. Biharsharif P.S. Case No. 05 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T