Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15234 of 2022 Arising Out of PS. Case No.-11 Year-2022 Thana- KHANPURA District- Samastipur ====================================================== ARUN KUMAR S/o Ramchandra Mahto R/o village- Ramnagar Reora, P.S.- Khanpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suneil Kumar Thakur, Advocate For the Opposite Party/s:

Mrs. Pushpa Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-07-2022 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 offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Allegation is of recovery of 42.060 litres of foreign liquor and 60 litres of Mahua from the house of the petitioner. Submission is that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. The house is a joint family property and the petitioner is staying outside Bihar for his livelihood but came to be implicated merely because he is also one of the co-sharers of the said premises. Father of the petitioner was staying in the house and

Patna High Court CR. MISC. No.15234 of 2022(2) dt.22-07-2022 2/2 he was arrested. Petitioner has got one criminal antecedent. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner. Considering the submissions aforesaid, let 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.2,000/- (Rupees Two 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 Khanpur P.S. Case No. 11 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T