Pintu Kumar @ Raushan Kumar @ Pintu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69750 of 2024 Arising Out of PS. Case No.-198 Year-2024 Thana- BIBHUTIPUR District- Samastipur ====================================================== Pintu Kumar @ Raushan Kumar @ Pintu S/O Chandrashekhar Prasad Singh @ Chandrashekhar Singh R/O Village- Chakhabib, Tole- Turki, P.S.- Bibhutipur, Distt- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-11-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Bibhutipur P.S. Case No. 198 of 2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 312 litres of foreign liquor was recovered from the field of Akhilesh Kumar.

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. Petitioner has no knowledge and concern with

Patna High Court CR. MISC. No.69750 of 2024(3) dt.22-11-2024 2/3 the alleged recovery. Nothing incriminating has been recovered from the possession of the petitioner or from the premises that belongs to the petitioner rather the same has been recovered from the brinjal garden and field situated near the house of one Akhilesh Kumar. The petitioner has got two criminal antecedents. There is no compliance of Section 100 Cr.P.C. Other co-accused have been granted bail by this Court vide orders dated 05.10.2024 and 25.10.2024 in Cr. Misc. Nos. 71568 of 2024 and 63778 of 2024 respectively.

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 abovenamed, 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) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor

Patna High Court CR. MISC. No.69750 of 2024(3) dt.22-11-2024 3/3 court in connection with Bibhutipur P.S. Case No. 198 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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