Sachin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73498 of 2024 Arising Out of PS. Case No.-195 Year-2024 Thana- WARISNAGAR District- Samastipur ====================================================== 1.

Sachin Kumar Son of Late Pramod Roy Village -Darsur P.S -Warisnagar District- Samastipur 2.

Arvind Paswan Son of Ramjee Paswan Village -Darsur P.S -Warisnagar District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-11-2024

1. Heard learned counsel for the parties.

2. The petitioners in this application pray for grant of anticipatory bail apprehending their arrest in connection with Warisnagar P.S. Case no.195 of 2024 registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per allegation in the F.I.R, on information having been received and a raid conducted, while the accused persons including the two petitioners herein managed to escape, it is stated that 34.56 litres of liquor was recovered from the

Patna High Court CR. MISC. No.73498 of 2024(2) dt.11-11-2024 2/3 house of Sachin Kumar.

4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case. No incriminating article has been recovered from their possession or from their houses. They undertake to cooperate in the investigation/trial.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation in the F.I.R. wherein it is stated that 34.56 litres of liquor was recovered from the house of Sachin Kumar, the Court is not inclined to enlarge the petitioner no.1 Sachin Kumar and his application is rejected.

7. The petitioner no.1 is directed to surrender in the learned Court below within a period of four weeks.

8. In the facts and circumstances of the case, no incriminating article having been recovered from the possession of petitioner no.2 Arvind Paswan, it is directed that the petitioner no.2 Arvind Paswan, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Warisnagar P.S. Case no.195 of 2024 on furnishing bail bond of

Patna High Court CR. MISC. No.73498 of 2024(2) dt.11-11-2024 3/3 Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise)-II, Samastipur.

(Partha Sarthy, J) Bibhash/- U T