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Patna High CourtCR. MISC./78488/2024allowed

Aman Kumar v. The State Of Bihar

2024-11-25Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78488 of 2024 Arising Out of PS. Case No.-98 Year-2024 Thana- SANOKHAR District- Bhagalpur ====================================================== Aman Kumar Son of Subodh Yadav @ Suvodh Yadav Resident Of Village Mirzapur, Ps Sabour, Dist.- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ankit Raj, Advocate For the Opposite Party/s :

Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Sanokhar P.S. Case no. 98 of 2024 instituted for the offence under Section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. The prosecution case is that altogether 15.875 liters of foreign liquor was recovered from back beneath the seat of the scooty.

4. Learned counsel for the petitioner has submitted that petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that though the petitioner is the owner of the scooty, he has given his

Patna High Court CR. MISC. No.78488 of 2024(2) dt.25-11-2024 2/2 scooty to one Chandan on an emergency, he has no knowledge regarding the alleged liquor and he is a man of clean antecedent.

5. Learned APP appearing for the State opposed the prayer of bail of the petitioner.

6. 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 Sanokhar P.S. Case no. 98 of 2024, 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 Additional District and Sessions Judge - XII -cum- Special Excise Judge-2, Bhagalpur, subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) Jagdish/- U T