Sujit Kumar @ Himraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82907 of 2024 Arising Out of PS. Case No.-117 Year-2024 Thana- BARURAJ District- Muzaffarpur ====================================================== Sujit Kumar @ Himraj Kumar Son of Jamiri Bhagat Resident of Village - Dharampur Ishaq, P.S. - Baruraj, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 11-12-2024 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 Baruraj P.S. Case no. 117 of 2024 instituted for the offence under Sections 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. The case of the prosecution is that altogether 682.530 illicit liquor was recovered from asbestos made Pujaghar of the petitioner. A scooty was also there. It is also alleged that the petitioner was sitting on the said scooty but after seeing the police force, he fled away.

4. Learned counsel for the petitioner has submitted that petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.82907 of 2024(2) dt.11-12-2024 2/2 connection with the present case. It has further been submitted that Puja Ghar does not belong to him and even the scooty does not belong to him. Further submission is that the petitioner is having no criminal antecedent and the seizure list witnesses are also member of the raiding party.

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 Baruraj P.S. Case no. 117 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 Exclusive Special Judge Excise Court No. II, Muzuffarpur, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Jagdish/- U T