Jaiky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11199 of 2024 Arising Out of PS. Case No.-525 Year-2023 Thana- DEEPNAGAR District- Nalanda ====================================================== JAIKY KUMAR Son of Prem Singh @ Prem Kumar Singh Resident of Village - Daroga Bigha, Post Office - Tungi and Police Station - Deepnagar, District - Nalanda (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aklavya Chandan Kumar, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-03-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

4. Allegation is of recovery of 30 litres of liquor from an orchard kept in two gallons each containing 15 litres.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and the alleged recovery is from a place which is accessible to public at large and does not belong to the petitioner and he came to be

Patna High Court CR. MISC. No.11199 of 2024(2) dt.01-03-2024 2/2 implicated at the instance of the Chawkidar and local people but then the name of the person who disclosed the name of the petitioner is not disclosed in the FIR which casts an aspersion on the case of the prosecution and it appears that the Chawkidar with a view to save the real culprits falsely implicated the petitioner, when petitioner admittedly is a person with clean antecedent.

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

7. 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.500/- (Rupees Five Hundred) 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 Deepnagar P.S. Case No. 525 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T