Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65617 of 2024 Arising Out of PS. Case No.-349 Year-2024 Thana- BARUN District- Aurangabad ====================================================== Shankar Kumar, S/O Radha Mohan Singh, Resident of Village- Ratnaur, P.SJamhor, Distt.- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 01-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Barun P.S. Case No. 349 of 2024 dated 08.08.2024 instituted for the offence punishable under Sections 30(a) of the Bihar Excise and Prohibition (Amendment) Act.

3. The allegation is of recovery of total 182.700 litres country made and foreign liquor from Indigo Car bearing Registration No. DL3CBV-3257.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the petitioner is neither the owner nor the driver of the said Indigo car bearing Registration No. DL3CBV-3257. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.65617 of 2024(2) dt.01-10-2024 2/2 petitioner has been made accused in this case only on the basis of confessional statement made by the apprehended person, namely, Sudhir Kumar. Nothing has been recovered either from the possession of the petitioner or from his house. Lastly, it has been submitted that petitioner has no criminal antecedents.

5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Barun P.S. Case No. 349 of 2024, he will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No. 1, Aurangabad, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) premchand/- U T