Amal Sutradhar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76577 of 2023 Arising Out of PS. Case No.-51 Year-2023 Thana- KISHANPUR District- Supaul ====================================================== AMAL SUTRADHAR Son of Ramani Sutradhar R/o Madhab Danga, P.S. - Maynaguri, Distt. - Jalpariguri, West Bengal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs.Tanushri, Advocate For the Opposite Party/s :
Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in Kishanpur P.S. case No. 51 of 2023 registered under Sections 420, 467, 468, 471, 120(B) of Indian Penal Code and Sections 30(a), 36, 32 and 41 of the Bihar Prohibition and Excise Act.
3. The prosecution allegation, in short, is that the 1642.5 liters liquor was recovered from a truck.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent. No incriminating material has been recovered from the conscious possession of the petitioner. The name of the petitioner has
Patna High Court CR. MISC. No.76577 of 2023(5) dt.19-07-2024 2/2 transpired in the case as being owner of truck in question. It is further submitted that the petitioner has no knowledge regarding the nature of goods booked by the transporter. The petitioner has got no knowledge and concern with the alleged recovery of liquor. There is no compliance of Section 100 of Cr.P.C.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Kishanpur P.S. case No. 51 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Pankaj/- U T