Md Chunnu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81787 of 2024 Arising Out of PS. Case No.-111 Year-2024 Thana- TAJPUR District- Samastipur ====================================================== Md Chunnu S/O Md. Salim R/o - Harlochanpur, P.S - Sarairanjan, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinay Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-11-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Tajpur P.S. Case No. 111 of 2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that 50.4 litres of foreign liquor was recovered from the Car.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Petitioner has no knowledge and concern with the alleged recovery. Nothing incriminating has been recovered from the possession of the petitioner. The petitioner is the driver of the

Patna High Court CR. MISC. No.81787 of 2024(2) dt.22-11-2024 2/2 seized vehicle and he has no knowledge regarding the nature of goods kept in the vehicle. The petitioner has no criminal antecedent. There is no compliance of Section 100 Cr.P.C. 5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Tajpur P.S. Case No. 111 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T