Anant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15671 of 2022 Arising Out of PS. Case No.-295 Year-2021 Thana- JANDAHA District- Vaishali ====================================================== ANANT KUMAR S/o Bharat Singh Resident of Village - Ramnagar Ramdiri, P.S. - Matihani, District - Bebusarai.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sada Nand Roy, Advocate For the Opposite Party/s :

Mr. Gauri Shankar Gupta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through the virtual Court proceedings. Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 465, 468, 467, 471 of the Indian Penal Code read with Sections 30(a), 36 and 41(i) of the Bihar Prohibition and Excise Act, 2018.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. Allegation is of recovery of 1857.225 litres of liquor from a pick-up van and 483.840 litres of liquor from another pickup van. Learned counsel for the petitioner submits that petitioner was not apprehended at the spot, as such, nothing was

Patna High Court CR. MISC. No.15671 of 2022(2) dt.29-07-2022 2/2 recovered from his conscious possession. It is next submitted that name of the petitioner was disclosed by the apprehended accused as the petitioner is the owner of pick-up van bearing Registration No. BR09GB3658. It is also submitted that though the pick-up van belongs to the petitioner but then the same was used for commercial purpose and was given on hire, as such, the petitioner was not knowing that his vehicle was being misused. 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.5,000/- (Rupees Five 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 Jandaha P.S. Case No. 295 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T