Om Pal Kumar @ Ompal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26124 of 2023 Arising Out of PS. Case No.-97 Year-2023 Thana- DAUDNAGAR District- Aurangabad ====================================================== Om Pal Kumar @ Ompal Kumar Son Of Manoj Kumar @ Manoj Singh @ Yashavant Singh Resident Of Village - Hichchan Bigha, Ward No. 1, P.S. - Daudnagar, Distt. - Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Radha Krishna, Advocate For the Opposite Party/s :

Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-05-2023 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 ten liters of liquor from the house of the petitioner. 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 the house is a joint family property and as such it cannot be alleged with certainty that it was the petitioner who

Patna High Court CR. MISC. No.26124 of 2023(2) dt.16-05-2023 2/2 had kept the liquor in the house or the liquor kept in the house was within his knowledge, it is also submitted that the petitioner came to be implicated at the instance of villagers but then the FIR does not disclose the name of the villagers which further creates doubt with regard to the veracity of the allegation as alleged in the FIR.

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 Court below 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 court below where the case is pending/successor court in connection with Daudnagar P.S. Case No. 97 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T