SAROJ KUMAR @ SAROJ DAS @ PACHCHU v. The State of Bihar BIHAR
Case at a glance
Provisions considered
- Bihar Prohibition and Excise Act ss. 30(a), 32, 36
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY Mr.Dilip Kumar Roy Mr.Lalan Kumar, A.P.P. ORAL ORDER 2 16-02-2024
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is apprehending his arrest in connection with Musrigharari P.S. Case No. 105 of 2023 registered for the offences punishable under Sections 30(a), 32/36 of Bihar Prohibition and Excise Act.
As per prosecution case, there was alleged recovery of 8264.16 litre illicit liquor from ten wheeler truck and Tata 407 truck and local chowkidar disclosed the name of petitioner and others who fled away from the place of occurrence.
Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged Patna High Court CR. MISC. No.6038 of 2024(2) dt.16-02-2024 in the FIR and he has falsely been implicated in this case. Petitioner bears no criminal antecedent. He further submits that on account of enmity with the local chowkidar, petitioner has been falsely implicated in the case. Petitioner has no concern with the seized vehicles in question. Nothing has been recovered from the conscious possession of the petitioner. He further submits that co-accused Om Prakash and Raghav Jha have already been granted anticipatory bail vide Cr. Misc. No. 63475 of 2023 by the co-ordinate Bench of this Court and the case of present petitioner stands on similar footing.
The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, co-accused have already been granted anticipatory bail, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-1, Samastipur in Patna High Court CR. MISC. No.6038 of 2024(2) dt.16-02-2024 connection with Musrigharari P.S. Case No. 105 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Alok Kumar Pandey, J) vashudha/- U T
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.