BHUNESHWAR PRASAD v. THE STATE OF BIHAR

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR Mr.Prateek Tandon Mr.APP ORAL ORDER 2 05-05-2022 Heard learned counsel for the petitioner and learned APP for the State. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Madhuban P.S. Case no. 45 of 2021 instituted for the offence under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 128 litres of IMFL from a truck. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner has no concern with the alleged recovery or with the vehicle in question. The name of the petitioner has been disclosed in this case by a local chowkidar before the police, Patna High Court CR. MISC. No.59604 of 2021(2) dt.05-05-2022 which has got no evidentiary value in the eye of law. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession. Learned APP appearing for the State has opposed the prayer of Bail. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Madhuban P.S. Case no. 45 of 2021, he will be enlarged on 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, East Champaran, Motihari subject to the conditions as laid down under section 438(2) of the Cr.P.C. sushma/- U (Sunil Kumar Panwar, J)