Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 29245 of 2017 Arising Out of PS. Case No.-224 Year-2017 Thana- Bihta District- Patna ====================================================== Sunil Kumar S/o Sri Mehilal Ray R/o Mohalla - Halkhoriachak, P.S. - Bihta, District - Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satyendra Rai For the Opposite Party/s :

Mr. Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

21-09-2017 Heard Sri Satyendra Rai, learned counsel for the petitioner and Sri Anil Kumar Singh-I, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in connection with Bihta P.S. Case No. 224 of 2017, G.R. No. 1194 of 2017 registered for offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender.

It was submitted by learned counsel for the petitioner that petitioner has falsely been made accused in the present case, since a motorcycle was intercepted and accused throwing the motorcycle fled away and from the said motorcycle, about 70 liters of Mahua liquor was recovered. It has been argued that petitioner is not owner of the seized vehicle. This fact was not

Patna High Court Cr.Misc. No.29245 of 2017(3) dt.21-09-2017 2/2 disputed by learned Addl. Public Prosecutor. Learned counsel for the petitioner has also drawn my attention to statement made in paragraph - 3 of the petition to show that petitioner is having clean antecedent.

Considering the nature of accusation and clean antecedent of the petitioner, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Sunil Kumar be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Danapur, Patna in connection with Bihta P.S. Case No. 224 of 2017, G.R. No. 1194 of 2017, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Rakesh Kumar, J.) anay U T