Anish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21315 of 2024 Arising Out of PS. Case No.-140 Year-2020 Thana- SARAIYA District- Muzaffarpur ====================================================== 1.

Anish Kumar S/o Ranjeet Sharma Resident of Village- Baghnagari, P.S.- Saraiya, District- Muzaffarpur 2.

Keshav Kumar @ Keshav Kishor S/o Pankaj Kumar Resident of VillageBaghnagari, P.S.- Saraiya, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Chandra Gandhi For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-03-2024 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 414, 272, 273 and 34 of the IPC and Section 30(a) of the Bihar Excise Act.

3.

Learned counsel for the petitioners submits that the petitioners have antecedent of one case and allegation is of recovery of 135.35 litres of liquor from a Bolero and a Tata Indica car.

4.

Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and are not owner of any of the seized vehicles and they came to be implicated at the

Patna High Court CR. MISC. No.21315 of 2024(2) dt.28-03-2024 2/2 instance of Chowkidar with whom they are on an inimical term. It is also submitted that in majority of the cases, the police is implicating the accused persons through Chowkidar or local people but then submits that if Chowkidar was aware of the involvement of the petitioner in the occurrence then why he did not inform the police earlier to institute the FIR which further casts aspersion on the case of the prosecution. 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their 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. 5,000/- (Rupees Five Thousand) each 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 Saraiya P.S. Case No. 140 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T