Dilip Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21159 of 2023 Arising Out of PS. Case No.-182 Year-2022 Thana- TANKUPPA District- Gaya ====================================================== DILIP KUMAR SON OF LOKNATH YADAV RESIDENT OF VILLAGE - NIMADOHAR, P.S. - FATEHPUR, DISTT. - GAYA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-05-2023 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 Sections 30(a) and 37 of the Bihar Excise Act.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of total recovery of 84 liters of liquor from two motorcycles as detailed in the F.I.R. and Newari of petitioner along with mobile from Pankaj Kumar.
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 he came to be implicated based on confessional statement of Pankaj Kumar
Patna High Court CR. MISC. No.21159 of 2023(2) dt.15-05-2023 2/2 who was arrested, when admittedly the motorcycles do not belong to the petitioner, it is next submitted, at the cost of repetition, that petitioner has been falsely implicated when admittedly he is a person with clean antecedent. 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 Tankuppa P.S. Case No. 182 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishabh/- U T