Sujeet Kumar @ Dhalo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68389 of 2022 Arising Out of PS. Case No.-432 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Sujeet Kumar @ Dhalo Son Of Dani Singh @ Dhoni Singh R/O VillageSimariya, P.S.- Barauni (Chakia O.P.), District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== 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 Muffasil P.S. Case no. 432 of 2022 instituted for the offence under Section 120B of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of total 918 liters foreign liquor from a Pickup vehicle without Reg. No. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner has no concern with the alleged recovery of illicit foreign liquor. It is further submitted vide para 8 of the petition that petitioner is neither owner nor the driver of the

Patna High Court CR. MISC. No.68389 of 2022(2) dt.16-12-2022 2/2 vehicle in question from were the recovery has been made. The name of the petitioner has been disclosed in this case by the apprehended co-accused namely, Rakesh Kumar, who was the driver of the said vehicle. Neither the petitioner was arrested on spot nor any 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 Muffasil P.S. Case no. 432 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 Excise Judge-I, Begusarai subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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