Anil Kumar Rana v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23066 of 2022 Arising Out of PS. Case No.-412 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== ANIL KUMAR RANA Son of Narsingha Rana Resident of Village - Baheri, Post Office - Oriya, P.S.- Hazaribagh (M), District - Hazaribagh (Jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Tiwary, Advocate For the Opposite Party/s :

Ms. Pronoti Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) and 56(B) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

Allegation is of recovery of 30 litres of liquor kept on a motorcycle.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that petitioner came to be implicated as he is owner of the alleged motorcycle. Learned

Patna High Court CR. MISC. No.23066 of 2022(3) dt.02-11-2022 2/2 counsel submits that it amply demonstrates that how in a mechanical manner the police are investigating cases relating to liquor as the motorcycle which was apprehended was stolen for which the petitioner had already instituted an FIR about one and half year back but still the police implicated the petitioner showing him the owner of the motorcycle.

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 Excise Case No. 412 of 2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T