Rajkishore Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69368 of 2023 Arising Out of PS. Case No.-326 Year-2023 Thana- SHEKHPURA District- Sheikhpura ====================================================== RAJKISHORE KUMAR son of Rajendra Mahto @ Rajendra Prasad VillageMankoul P.S.- Ariyari District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar, Advocate For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 08-11-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. The petitioner apprehends his arrest in connection with Sheikhpura P.S. Case No. 326 of 2023 dated 29.05.2023 registered for the offence(s) punishable under Sections 30(a), 32 and 41 of Bihar Prohibition and Excise Act.

3. The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to recovery of 99 litres of Indian made foreign liquor from a Tata Indigo C.S car and admittedly, the petitioner was not apprehended from the said vehicle and as per prosecution, two co-accused namely, Sandip Kumar and Rajiv Kumar were found seated in the said vehicle from which they were apprehended and they disclosed before the police that the

Patna High Court CR. MISC. No.69368 of 2023(2) dt.08-11-2023 2/2 seized liquor was to be delivered to this petitioner and mainly on the basis of said discloser the petitioner has been dragged in this mater and in the light of the circumstances appearing against this petitioner the alleged offence of Excise Act does not even prima facie attract against him and the petitioner has no criminal antecedent.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions, this court is of the opinion that the petitioner's prayer is fit to be accepted. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Sheikhpura P.S. Case No. 326 of 2023 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Shailendra Singh, J) Rajiv/- U T