Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5481 of 2024 Arising Out of PS. Case No.-863 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== Sunil Kumar SON OF Nand Lal Sah RESIDENT OF VILLAGEDAMDARPUR, PS- KANTI DISTT- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-02-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Kanti P.S. Case No.863/2022 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. An allegation is of recovery of 122.220 litres of liquor from the house of Raman Kumar. It is next submitted that Raman Kumar is own brother of the petitioner but then the house from where the liquor is alleged to have been recovered is a joint family property as such it cannot be alleged with certainty that it was petitioner who had kept the liquor in the house or the liquor kept in the house was

Patna High Court CR. MISC. No.5481 of 2024(2) dt.15-02-2024 2/2 within his knowledge. It is also submitted that merely because the petitioner resides in the same house he has been implicated being brother of Raman Kumar, who is already in cusody. It is also submitted that his name also transpired in the confessional statement of Nand Lal Sah and Mina Devi in police custody, which does not have any evidentiary value in the eye of law.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees five hundred) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise Court No.II, Muzaffarpur in connection with Kanti P.S. Case No.863/2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T