Munna Kumar @ Munna Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67748 of 2022 Arising Out of PS. Case No.-330 Year-2021 Thana- ARWAL District- Jehanabad ====================================================== MUNNA KUMAR @ MUNNA KUMAR CHAUDHARY SON OF LATE RAMESH CHAUDHARY R/O VILLAGE- JAGJIVAN NAGAR, P.S.- BETTIAH TOWN, DISTRICT- WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== 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 Arwal P.S. Case no. 330 of 2021 instituted for the offence under Sections 30(a), 33, 41 of the Bihar Prohibition of Excise Act.

Prosecution case relates to recovery of 4000 litres spirit from the truck of the petitioner and Ramesh Mahto and Sunil were apprehended who are driver and khalasi of the said truck, who disclosed the name of the petitioner. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.67748 of 2022(2) dt.09-12-2022 2/3 offence. Petitioner has no concern with the alleged recovery. Because of his ownership, he has been implicated in the present case. The name of the petitioner has been disclosed in this case by the apprehended accused Ramesh Mahto and Sunil Kumar before the police, which has no evidentiary value in the eye of law. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession. Learned APP appearing for the State has opposed the prayer of Bail.

Petitioner is directed to deposit Rs. 80,000/- (Rs. Eighty thousand) in the concerned DLSA.

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 Arwal P.S. Case no. 330 of 2021, 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 the satisfaction of learned 2nd Additional Sessions Judge-cumSpecial Judge, Excise, Jehanabad subject to the conditions as laid down under section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.67748 of 2022(2) dt.09-12-2022 3/3 The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 80,000/- (Eighty thousand only) by the petitioner in the account of concerned DLSA.

(Sunil Kumar Panwar, J) sushma/- U