Kishan Kumar @ Ghannu @ Dhannu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14158 of 2024 Arising Out of PS. Case No.-460 Year-2023 Thana- BIBHUTIPUR District- Samastipur ====================================================== Kishan Kumar @ Ghannu @ Dhannu S/o Suresh Singh r/o Sakin Ganguli, P.S.- Bibhutipur, District- Samastipur (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Samir Kumar, Adv.

For the State :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-03-2024 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 offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that petitioner has antecedent of four cases and allegation is of recovery of 2395.5 liters of liquor from the house of co-accused persons.

4. Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place, which does not belongs to the petitioner and he has no concern with the apprehended co-

Patna High Court CR. MISC. No.14158 of 2024(2) dt.07-03-2024 2/2 accused persons, it is next submitted that he came to be implicated at the instance of Chaukidar with whom he is on an inimical term, it is further submitted that it appears that the Chaukidar in order to save the real culprits falsely implicated the petitioner taking advantage of his antecedents.

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

6. 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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bibhutipur P.S. Case No. 460 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Arish/- U T