Pradip Kumar @ Pradeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10196 of 2022 Arising Out of PS. Case No.-6 Year-2022 Thana- HATHAURI District- Samastipur ====================================================== PRADIP KUMAR @ PRADEEP KUMAR S/o Rati Chand Mandal @ Ratichandra Singh R/o village- Sahru, P.S.- Hathauri, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Aprajita, Advocate For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 766.08 litre of liquor from the courtyard of petitioner's house and 9 litre liquor from a motorcycle being driven by Nawal Kishore who was apprehend from the spot. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession, it is next submitted that the house is a joint family property as such it cannot be

Patna High Court CR. MISC. No.10196 of 2022(2) dt.08-07-2022 2/2 alleged that petitioner had kept the liquor in the courtyard, it is also submitted that courtyard is an open place and no prudent person would keep liquor in a place where it can be easily detected.

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 and the fact that the petitioner is a person with clean antecedent, 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. 3,000/- (Rupees Three Thousand) each 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 Hathauri (Shivajinagar O.P.) P.S. Case No. 6 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Shivam/- U T