Akhilesh Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12490 of 2021 Arising Out of PS. Case No.-251 Year-2020 Thana- CHACKMEHSI District- Samastipur ====================================================== Akhilesh Kumar Mishra Son Of Shri Vishambhar Mishra Resident Of Village- Mohammadpur Deopar, P.S.- Pusa, District- Samastipur, Bihar (848125).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ganga Prasad Bimal, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-11-2021 Let the defects, if any, be removed within four weeks after complete start of the physical Court.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272/273/34 of the Indian Penal Code and Sections 30(a)/47 of the Bihar Prohibition and Excise Act.

From the commercial vehicle of the petitioner liquor was recovered and the driver was arrested at the spot. Though petitioner was not there. The petitioner has got no criminal antecedent.

Submission is that petitioner had no knowledge as to

Patna High Court CR. MISC. No.12490 of 2021(2) dt.17-11-2021 2/2 what the driver was carrying on the said vehicle. Considering the submission aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Chakmehsi P.S. Case No. 251 of 2020, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T