Patna High CourtCR. MISC./71742/2024bail granted

Ujjawal Kumar Sharma @ Ujjwal Kumar v. The State Of Bihar

2024-10-28Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71742 of 2024 Arising Out of PS. Case No.-130 Year-2024 Thana- BARAUNI District- Begusarai ====================================================== Ujjawal Kumar Sharma @ Ujjwal Kumar S/O Mukesh Kumar Sharma R/O Village- Mirzapur Chand, P.S- Barauni, Distt.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-10-2024

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Barauni P.S. Case No. 130 of 2024 dated 19.03.2024 registered under Section 30 (a) of the Bihar Prohibition and Excise Act 2022.

3. As per the prosecution case the Police intercepted a Scorpio vehicle and recovered 45 liters of illicit liquor from the seat of the vehicle and arrested one person namely, Suraj Kumar.

4. Learned counsel for the petitioner submits that the petitioner is having no criminal antecedent and he has been made accused on the basis of the fact that he happens to be the registered owner of the vehicle in question. He further submits that the co-accused villager- Suraj Kumar had borrowed the

Patna High Court CR. MISC. No.71742 of 2024(2) dt.28-10-2024 2/2 vehicle for the purpose of treatment of his wife. The petitioner was not aware that illicit liquor was being carried from the said vehicle.

5. Regard being had to the submission made by the parties, taking into consideration the defence of the petitioner that his vehicle was borrowed and he is having no criminal antecedent, I am inclined to grant anticipatory bail to the petitioner.

6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-I, Begusarai in connection with Barauni P.S. Case No. 130 of 2024 subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anil Kumar Sinha, J) praful/- U T