Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15998 of 2023 Arising Out of PS. Case No.-172 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== MANISH KUMAR Son of Shyam Kishor Yadav Resident of Village - Hirolwa, Ward No. - 08, P.S. - Shankarpur, Distt. - Madhepura. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Surya Narayan Yadav, Advocate For the Opposite Party/s :
Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
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 40 liters of cough syrup from two vehicles as detailed in the F.I.R.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that petitioner was not arrested from the spot, as such nothing was recovered from his conscious possession, it is
Patna High Court CR. MISC. No.15998 of 2023(2) dt.03-05-2023 2/2 also submitted that petitioner is neither the owner nor the driver of the alleged vehicles as detailed in the F.I.R.. 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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Madhepura Excise P.S. Case No. 172 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
Accordingly, the present anticipatory bail application stands allowed.
(Satyavrat Verma, J) Rishabh/- U T