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2025 DAILYLAW 89599 (PAT)

Suraj Kumar @ Ankesh Kumar v. The State of Bihar

CR. MISC./89082/2024 · 2025-01-21

Prabhat Kumar Singh

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89082 of 2024 Arising Out of PS. Case No.-280 Year-2024 Thana- SHAMBHUGANJ District- Banka ====================================================== Suraj Kumar @ Ankesh Kumar S/O Ashwani Yadav @ Ashwani Prasad Yadav @ Baso Yadav R/O Vill.- Chhoti Bharatshila, P.O.- Bharatshila, P.S.- Shambhuganj, Dist.- Banka. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 21-01-2025 Heard learned counsel for the petitioner and the State. 2. Petitioner apprehends arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. As per prosecution case, 49.5 litres foreign liquor has been recovered from the bush near Lohagarh river bridge. 4. Learned counsel for the petitioner submits that no incriminating material has been recovered from conscious possession of the petitioner and he has been made accused only on suspicion. Recovery has been made from an open place, accessible to all. Petitioner has got no criminal antecedent of similar nature. 5. Considering the aforesaid facts and circumstances Patna High Court CR. MISC. No.89082 of 2024(2) dt.21-01-2025 2/2 of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Excise Court No. 2, Banka in connection with Shambhuganj P. S. Case No. 280 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. Navya/- (Prabhat Kumar Singh, J) U T