Patna High CourtCR. MISC./15809/2023bail granted

Dharmendra Kumar @ Dharbendra Kumar v. The State Of Bihar

2023-05-03Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 15809 of 2023 Arising Out of PS. Case No.-424 Year-2022 Thana- MANIYARI District- Muzaffarpur ====================================================== DHARMENDRA KUMAR @ DHARBENDRA KUMAR Son of Dhanraj Singh R/V- Balra Kishun P.S- Maniyari Dist- muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Suresh Prasad Singh, A.P.P.

====================================================== 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 152.04 liters of liquor from the house. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that even the house from which the liquor was recovered is a joint family property, as such, it cannot be alleged that petitioner had kept the liquor in the house or with certainty

Patna High Court CR. MISC. No. 15809 of 2023(2) dt.03-05-2023 2/2 it can be alleged that petitioner was aware that the liquor was kept within the house in his knowledge.

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 Maniyari P.S. Case No. 424 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T