Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22004 of 2024 Arising Out of PS. Case No.-514 Year-2023 Thana- CHHATAUNI District- East Champaran ====================================================== Arvind Kumar S/o- Rajeshwar Bhagat Village- Ujjain Lohiyar Ps- Harsidhi Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Meena Singh ====================================================== 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 Chhatauni P.S Case No. 514 of 2023 registered for the offence punishable under Section 30(a), of the Bihar Prohibition & Excise Amendment Act.

3. As per the prosecution case, 204 litres of foreign liquor was recovered from the Tata Nexan vehicle.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. The petitioner happens to be the owner of the said vehicle but he has no concern with the said liquor . The petitioner was

Patna High Court CR. MISC. No.22004 of 2024(2) dt.02-04-2024 2/2 not caught on the spot and no incriminating article has been recovered from the conscious possession of the petitioner. 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 Special Judge Excise-I, Motihari/ concerned court in connection with Chhatauni P.S. Case No.514 of 2023 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

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