Uday Kumar @ Uday Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22849 of 2024 Arising Out of PS. Case No.-14 Year-2024 Thana- NAANPUR District- Sitamarhi ====================================================== Uday Kumar @ Uday Sharma Son of Sri Ramesh Sharma Resident of Village- Chaupar Khurd, P.S. Nanpur, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrit Abhijat For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Learned counsel for the petitioner submits that the petitioner has antecedent of two cases and allegation is of recovery of 817.02 litres of liquor from the pick up van.

4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and and the petitioner is not owner nor the driver of the seized pick up van and came to be implicated based on secret information which is easiest way to implicate someone. It is also submitted that it appears

Patna High Court CR. MISC. No.22849 of 2024(2) dt.22-03-2024 2/2 that the police in order to save the real culprit falsely implicated the petitioner based on secret information taking advantage of his antecedent. It is next submitted that once a person is implicated in a case of liquor, the police starts implicating mechanically thereafter.

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

6. 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. 10,000/- (Rupees Ten 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 Nanpur P.S. Case No. 14 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) sanjeev/- U T