Upendra Kumar @ Sonu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69360 of 2022 Arising Out of PS. Case No.-298 Year-2022 Thana- BIKRAMGANJ District- Rohtas ====================================================== Upendra Kumar @ Sonu S/O Gorakh Singh R/O Mohalla- Tenduni Tola, Ward No-5, P.S- Bikramganj, District- Rohtas At Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Babu Nandan Prasad, Advocate For the Opposite Party/s :

Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-12-2022 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 Bikramganj P.S. Case no. 298 of 2022 instituted for the offence under Section 30(a) of Bihar Prohibition and Excise Act. Prosecution case relates to recovery of total 20.760 liters country made liquor from an Auto Rickshaw(Tempo), bearing Registration No. UP-67T-6697.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. He has no concern either with the alleged recovery of liquor or with the vehicle in question. Neither the petitioner was arrested nor any

Patna High Court CR. MISC. No.69360 of 2022(2) dt.16-12-2022 2/2 incriminating article has been recovered from his conscious 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 Bikramganj P.S. Case no. 298 of 2022, 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 Exclusive Special Judge No. 1, Rohtas at Sasaram subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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