Umesh Hajra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66262 of 2024 Arising Out of PS. Case No.-46 Year-2024 Thana- DHANAHA District- West Champaran ====================================================== Umesh Hajra S/O Late Jagu Hajra Resident of village- Phatetola, P.S- Kotwa, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shanti Bhushan Singh, Advocate For the Opposite Party/s :

Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Dhana P.S. Case No. 46 of 2024 registered for the offences punishable under Section 30(a) of the Indian Penal Code. 3.

Prosecution case in short is that there is recovery of 1145 litres of English liquor, 1000 Kg of sugar and 400 Kg of Chokar from a Mahindra Pick-up vehicle.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. It is submitted that petitioner is the owner of the vehicle. It is next submitted that driver of the vehicle has been allowed bail

Patna High Court CR. MISC. No.66262 of 2024(2) dt.20-09-2024 2/2 by this Court vide order dated 13-05-2024, passed in Cr. Misc. No. 35914 of 2024. He next submits that petitioner is a man of clean antecedent. There is no compliance of Section 100 of the Cr.P.C.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his arrest or 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 the learned court below where the case is pending/successor court in connection with Dhana P.S. Case No. 46 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Rudra Prakash Mishra, J) Raj Kishore/- U T