Chanchal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82966 of 2024 Arising Out of PS. Case No.-499 Year-2024 Thana- SAKRA District- Muzaffarpur ====================================================== Chanchal Kumar, S/O Madan Ray @ Madan Prasad Ray, Resident of VillagePipri, P.S.- Sakra, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anish Kumar, Advocate For the Opposite Party/s :
Mr. Damodar Prasad Tiwary, 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 Sakra P.S. Case No. 499 of 2024 instituted under Section 30 (a), 32 (i) (ii), 36, 41 (i) of Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 1343.160 litres of illicit liquor was recovered from the pick up van. The allegation against the petitioner is that he managed to flee away from the spot.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. There is no recovery made from physical or conscious possession of the petitioner. He was not present at the place of occurrence. He has
Patna High Court CR. MISC. No.82966 of 2024(2) dt.11-12-2024 2/2 no concern with the seized liquor or pick up van. Petitioner has no criminal antecedent and he undertakes to cooperate in the investigation of the present case.
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/- (ten thousand) with two sureties of the like amount to each to the satisfaction of the learned Exclusive Special Excise Court No. 01, Muzaffarpur, in connection with Sakra P.S. Case No. 499 of 2024, subject to the conditions laid down in Section 482 (2) of the BNSS. (Sunil Dutta Mishra, J) khushbu/- U T