Sangam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83784 of 2024 Arising Out of PS. Case No.-177 Year-2024 Thana- EXCISE SHERGHATI District- Gaya ====================================================== Sangam Kumar S/O Umesh Prasad Gupta R/O Village- Sinduar (Sinduari), P.S- Mohanpur, Distt.- Gaya (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhay Kumar Singh, Advocate Mr. Akash Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Shyam Bihari Singh, 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 Excise (Sherghati) P.S. Case no. 177 of 2024, registered under sections 30(a) and 32(c) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, 7.5 litres and 32 litres ie the total of 39.5 litres of liquor/beer was recovered from the two shops of the petitioner. One of the accused was arrested while it is stated that the petitioner managed to escape.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case for oblique reasons. No incriminating article has been recovered from either

Patna High Court CR. MISC. No.83784 of 2024(2) dt.13-12-2024 2/2 of the shops of the petitioner. The petitioner has no criminal antecedent and undertakes to cooperate in the case.

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 allegations against the petitioner in the F.I.R and specially 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 Excise (Sherghati) P.S. Case no. 177 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 Exclusive Excise Judge no.3, Gaya.

(Partha Sarthy, J) Shiv/- U T