Anshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6966 of 2022 Arising Out of PS. Case No.-419 Year-2021 Thana- PATORI District- Samastipur ====================================================== ANSHU KUMAR Son of Arjun Choudhary @ Moti Choudhary Resident of Village- Southern Dumri Chapra, Police Station- Patori (Mohanpur O.P.), District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s :

Mrs. Veena Rani Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-07-2022 Learned counsel for the petitioner submits that petitioner has antecedent of one case but inadvertently at para 3 of the anticipatory bail application the said fact could not be stated. Learned counsel for the petitioner is permitted to make necessary correction at para 3 of the anticipatory bail application within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through the virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 50.400 litres of liquor from the house of the petitioner.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and he has been falsely implicated

Patna High Court CR. MISC. No.6966 of 2022(2) dt.08-07-2022 2/2 in the present case. The house is a joint family property and, as such, petitioner was not aware who had kept the liquor in the house. He further submits that father of the petitioner was also arrested and petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession.

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

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.1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Patori (Mohanpur O.P.) P.S. Case No. 419 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T