Patna High CourtCR. MISC./71750/2024bail granted

Sudhir Kumar v. The State Of Bihar

2024-10-23Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71750 of 2024 Arising Out of PS. Case No.-123 Year-2021 Thana- AMBA District- Aurangabad ====================================================== Sudhir Kumar Son of Madhusudan Sharma, Village- Shahpur, Tikri Road, Ward no. 14, Ps- Aurangabad town, Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aman Vishal, Advocate For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Amba P.S. Case No. 123 of 2021 dated 24.08.2021 instituted for the offence punishable under Section 30(a) of Bihar Prohibition And Excise Act, 2016.

3. Allegation is of recovery of total 24 litres country made liquor from a motorcycle bearing Registration No. BR26F2188.

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 co-accused, Abhishek Kumar has been arrested at the spot who disclosed the name of the petitioner. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.71750 of 2024(2) dt.23-10-2024 2/2 seized motorcycle does not belong to the petitioner. Petitioner is neither the driver nor the pillion rider of the said motorcycle. 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 Amba P.S. Case No. 123 of 2021, 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