Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73160 of 2023 Arising Out of PS. Case No.-136 Year-2023 Thana- Excise P.S. District- Aurangabad ====================================================== Raju Kumar Son of Lalan Paswan Resident of village - Mahadewa, P.S.- Obra, District - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rupa Kumari, Advocate For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Daudnagar Excise P.S. Case No.136 of 2023 instituted under Sections 30(a), 32 (1), 32 (3) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 15 litres country made liquor has been recovered from the motorcycle bearing its Registration No.BR26W5758.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner has no concern with the seized vehicle or with the seized liquor. He was neither present at the spot nor apprehended by the police. The petitioner

Patna High Court CR. MISC. No.73160 of 2023(2) dt.10-11-2023 2/2 has got no criminal antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No.2, Aurangabad (Bihar) in connection with Daudnagar Excise P.S. Case No.136 of 2023, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Harish/- U T