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Patna High CourtCR. MISC./80251/2024allowed

Pintu Yadav @ Pintu Kumar v. The State Of Bihar

2024-12-04Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80251 of 2024 Arising Out of PS. Case No.-138 Year-2024 Thana- RASULPUR District- Saran ====================================================== Pintu Yadav @ Pintu Kumar, Son of Mukhtar Yadav, Resident of village - Chadhwa, P.S.- Rasalpur, District - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 04-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Rasalpur P.S. Case No.138 of 2024 instituted under Section 30(a) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, 45 litres of country made liquor was recovered from a motorcycle. The allegation against the petitioner is that he fled away from the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case on the basis of suspicion. He further submits that the petitioner was neither present on the spot nor anything recovered from the conscious possession of the petitioner. The petitioner has no criminal antecedent and he undertakes to co-

Patna High Court CR. MISC. No.80251 of 2024(2) dt.04-12-2024 2/2 operate in the investigation.

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 upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned 2nd Exclusive Special Excise Judge, Saran at Chapra / Concerned Court in connection with Rasalpur P.S. Case No.138 of 2024, subject to the conditions laid down in Section 482(2) of Bhartiya Nagrik Suraksha Sanhita (B.N.S.S.)-2023. (Sunil Dutta Mishra, J) ashishkr/- U T