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Patna High CourtCR. MISC./82637/2024allowed

Sudhanshu Kumar @ Golu @ Sudhanshu v. The State Of Bihar

2024-12-11Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82637 of 2024 Arising Out of PS. Case No.-544 Year-2023 Thana- Excise P.S. District- Muzaffarpur ====================================================== Sudhanshu Kumar @ Golu @ Sudhanshu Son of Chandrasekhar Mishra Resident of Village - Manika Bishunpur Chand, P.S. - Musahari, DistrictMuzaffarpur ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhavesh Kumar, Advocate.

For the Opposite Party/s :

Mr. Rajendra Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Excise P.S. Case No.544 of 2023 instituted under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

3. As per the prosecution case, there is recovery of 54.750 liter of illicit foreign liquor from the hut of co-accused Bipin Kumar Mishra. Allegation against the petitioner is that he fled away from the place of occurrence.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that petitioner has no concern either with the seized liquor or the hut from where the alleged liquor

Patna High Court CR. MISC. No.82637 of 2024(2) dt.11-12-2024 2/2 was recovered. Learned counsel submits that petitioner has one criminal antecedent and he undertakes to cooperate in the investigation and trial.

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 Exclusive Special Judge, Excise Court No.II, Muzaffarpur in connection with Excise P.S. Case No.544 of 2023, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sunil Dutta Mishra, J) Ritik/- U T