Parmanand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2713 of 2022 Arising Out of PS. Case No.-778 Year-2020 Thana- ARARIA District- Araria ====================================================== Parmanand Kumar Son Of Radheshyam Mandal R/O Village- Shyampur Thahi, P.S.- Hathori (SHIVAJI Nagar O.P.), District- Samastipur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

It is a case of recovery of incriminating wine in huge quantity from a truck.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that co-accused Dilip Kumar, the driver of the vehicle was apprehended and he stated that he has been entrusted to deliver the said liquor at Muzaffarpur for which he was to be paid Rs.20,000/- by the petitioner. He further submits that the petitioner is not named in the FIR but due to mobile

Patna High Court CR. MISC. No.2713 of 2022(3) dt.26-07-2022 2/2 number disclosed by the said driver, the name of the petitioner came into light. He further submits that there is no recovery from the conscious or constructive possession of the petitioner and he has not been apprehended at the spot.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, let the petitioner above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd ADJ-cum-Special Judge, Araria in connection with Araria (R.S.) P.S. Case No. 778 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T