Sushil Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83661 of 2024 Arising Out of PS. Case No.-119 Year-2024 Thana- BABUBARHI District- Madhubani ====================================================== Sushil Thakur Son of Rampavitra Thakur Resident of Village - Sibesinhpur, P.S.- Lakhnaur, District - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-12-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Babubarahi P.S. Case no. 119 of 2024 registered under sections 272, 273 and 34 of the Indian Penal Code and sections 30(a) and 41 of Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, the son of the petitioner along with one another were arrested and a total of 25.2 litres of Nepali liquor was recovered.

4. Learned counsel for the petitioner submits that no incriminating article has been recovered from the petitioner's possession. The cause of his false implication is that the vehicle in question was registered in the petitioner's name. The petitioner has no criminal antecedent under the Bihar

Patna High Court CR. MISC. No.83661 of 2024(2) dt.13-12-2024 2/2 Prohibition and Excise Act, 2016.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the F.I.R., the petitioner not having been arrested at the spot and especially the petitioner not having any antecedent under the Bihar Prohibition and Excise Act, 2016, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Babubarahi P.S. Case no. 119 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II-cum-Special Judge, Excise Act, Madhubani. (Partha Sarthy, J) avinash/- U T