Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83002 of 2024 Arising Out of PS. Case No.-61 Year-2021 Thana- BYPASS District- Patna ====================================================== Satish Kumar, S/o- Gorakh Nath Sah, R/o - Pratappur (Partappur) P.S - Awtar Nagar, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and Mr. Pramod Kumar Pandey, learned APP for the State. 2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with By-Pass P.S. Case No. 61 of 2021 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that altogether 40 liters of country made liquor was recovered from an E-rcikshaw. One Munna Kumar was apprehended. He told that the owner of the E-rickshaw has given him the E-rickshaw on daily rent of Rs. 370/-. Petitioner is the owner of E-rickshaw.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this

Patna High Court CR. MISC. No.83002 of 2024(2) dt.11-12-2024 2/2 case. He has no concern with the alleged liquor. It is clear from the F.I.R. that Munna Kumar was driving the E-rickshaw. He was apprehended and he was himself admitted that the vehicle has been given to him by the owner to ply. Petitioner is having no criminal antecedent.

5. In contra, learned APP appearing for the State has 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 By-pass P.S. Case No. 61 of 2021, 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 Court of Exclusive Special Court of Excise, Patna City, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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