Raja Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64227 of 2023 Arising Out of PS. Case No.-147 Year-2023 Thana- GANGABRIDGE District- Vaishali ====================================================== Raja Kumar son of Naresh Singh @ Ram Naresh Singh @ Ram Naresh Rai Village- Sahdullahpur Ps- Bidupur Dist- VAishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Suruchi Anand, Advocate For the Opposite Party/s :
Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Vaishali (Gangabridge) P.S. Case No.147 of 2023 instituted under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, there is recovery of 327.750 litres of liquor kept in a carton found in front of the house of Rajesh Kumar.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that similarly situated co-accused persons, namely, Mukul Kumar, Chunnu Kumar @ Baba, Rajesh Kumar have been granted anticipatory bail by Coordinate Benches of this Court vide orders dated 17.08.2023,
Patna High Court CR. MISC. No.64227 of 2023(2) dt.17-10-2023 2/2 25.08.2023 and 20.09.2023 passed in Cr. Misc. No.52983 of 2023 and Cr. Misc.No.56026 of 2023 and Cr. Misc.No.58630 of 2023 respectively. The petitioner has one criminal antecedent in which he is on bail.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released 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 Exclusive Special Excise Court No.1-cum-Additional District and Sessions Judge, Vaishali at Hajipur in connection with Vaishali (Gangabridge) P.S. Case No.147 of 2023, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) Harish/- U T