Awadhesh Kumar @ Awadhesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66244 of 2022 Arising Out of PS. Case No.-598 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== Awadhesh Kumar @ Awadhesh Rai Son Of Jay Nandan Ray R/VLashkaripur, P.S.- Kanti, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Kanti P.S. Case no. 598 of 2022 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 60.375 liters illicit liquor under the bridge. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal

Patna High Court CR. MISC. No.66244 of 2022(2) dt.09-12-2022 2/3 antecedent. He has falsely been made accused in this case. Petitioner has no concern with the alleged recovery of illicit liquor or with the place of occurrence. The name of the petitioner came into light in this case on the basis of secret information. It is further submitted that neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Kanti P.S. Case no. 598 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.66244 of 2022(2) dt.09-12-2022 3/3 the satisfaction of learned Exclusive Special Judge, Excise II, Muzaffarpur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) nirajkrs/- U T