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Patna High CourtCR. MISC./88902/2024allowed

Sunny Kumar @ Neeraj Kumar v. The State Of Bihar

2025-01-08Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88902 of 2024 Arising Out of PS. Case No.-130 Year-2024 Thana- EXCISE PATORI District- Samastipur ====================================================== Sunny Kumar @ Neeraj Kumar Son of Ram Karan Singh, Resident of Village- Hasanpur Surat, P.S.- Patori, Distt.- Samastipur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ajay Kumar, Advocate.

For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Patori P.S. Case No.130 of 2024 instituted under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

3. As per the prosecution case, there is recovery of total 69.120 liter foreign liquor from the possession of coaccused persons. Apprehended accused persons have disclosed the name of petitioner that they were working for the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to his two criminal antecedents. He further submits that petitioner has no concern with the apprehended accused persons or the alleged recovered liquor. Learned counsel submits that

Patna High Court CR. MISC. No.88902 of 2024(2) dt.08-01-2025 2/2 petitioner was not present at the place of occurrence and nothing has been recovered from the conscious possession of petitioner. Petitioner undertakes to cooperate in the investigation.

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 Special Judge Excise Court-2, Samastipur in connection with Patori P.S. Case No.130 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Ritik/- U T