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Patna High CourtCR. MISC./66869/2022allowed

Dhirendra Kumar @ Dhiraj Kumar v. The State Of Bihar

2022-12-09Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66869 of 2022 Arising Out of PS. Case No.-229 Year-2022 Thana- KUTUMBA District- Aurangabad ====================================================== 1.

Dhirendra Kumar @ Dhiraj Kumar Son Of Tapeshwar Paswan Resident Of Village- Ordih, P.S.- Kutumba, District- Aurangabad 2.

Sonu Kumar Son Of Chandu Singh Resident Of Village- Ordih, P.S.- Kutumba, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramendra Kumar Singh For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Kutumba P.S. Case no. 229 of 2022 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 52.200 liters country made liquor from bushes. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent

Patna High Court CR. MISC. No.66869 of 2022(2) dt.09-12-2022 2/3 and have committed no offence. They have no concern either with the alleged recovery of illicit liquor or with the place of occurrence. The name of the petitioners came into light only on the basis of secret information. Neither the petitioners were arrested nor any incriminating article has been recovered from his 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 Kutumba P.S. Case no. 229 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-

Patna High Court CR. MISC. No.66869 of 2022(2) dt.09-12-2022 3/3 01, Aurangabad (Bihar) subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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