Patna High CourtCR. MISC./21897/2024bail granted

Anand Kumar @ Aanand Kumar v. The State Of Bihar

2024-04-02Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21897 of 2024 Arising Out of PS. Case No.-14 Year-2024 Thana- DEV District- Aurangabad ====================================================== Anand Kumar @ Aanand Kumar S/O Nanku Ram @ Nanhuk Ravidas R/O Village- Keshwar Bigha, P.O- Kataiya, P.S- Deo, Distt.- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Anand, Adv For the Opposite Party/s :

Mr.Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

2. The petitioner apprehends his arrest in connection with Deo P.S Case No. 14 of 2024 registered for the offence punishable under Section 30(a), of the Bihar Prohibition & Excise Amendment Act.

3. As per the prosecution case, 15 litres of Mahua liquor was recovered from the motorcycle.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. The name of the petitioner was sprung up on the basis that he is the owner of the alleged motorcycle. No incriminating article

Patna High Court CR. MISC. No.21897 of 2024(2) dt.02-04-2024 2/2 has been recovered from the conscious possession of the petitioner. The petitioner has no concern of the seized liquor. There is no compliance of Section 100 of the Cr.P.C. The petitioner has clean antecedent.

5. Learned APP for the State Opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of the parties, in the event of his arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs, 20,000/- ( twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-I, Aurangabad/ concerned court in connection with Deo P.S. Case No. 14 of 2024 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

N.K/- (Chandra Prakash Singh, J) U T