Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24282 of 2020 Arising Out of PS. Case No.-96 Year-2020 Thana- SARAIYA District- Muzaffarpur ====================================================== AMAN KUMAR Son of Kisu Ray @ Krishna Dev Ray Resident of VillageManikpur, P.S.-Saraiya, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-09-2020 Heard Mr. Manoj Kumar, learned counsel for the petitioner and Mr. Harendra Prasad, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioner apprehends arrest in connection with Saraiya (Jaintpur O.P.) P.S. Case No. 96 of 2020 registered for the offence punishable under Section 272 / 273 / 34 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The allegation against the petitioner is that Police received a secret information that petitioner along with other accused persons have brought consignment of illicit liquor, proceeded towards the place of occurrence and recovered a total quantity of 4347 liters of liquor from the truck standing near the road.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.24282 of 2020(2) dt.29-09-2020 2/3 petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case merely on the basis of secret information. Learned counsel referring to paragraph no. 8 of this petition submits that petitioner is neither the owner or the driver of the truck in question. Learned counsel further submits that petitioner has got no criminal antecedent and no illicit liquor has been recovered from his conscious possession or the vehicle belonging to the petitioner.

Having regard to the submissions made by the parties, taking into consideration the materials available on record, the fact that no illicit liquor has been recovered from the conscious possession of the petitioner or the vehicle belonging to him and the petitioner has got no criminal antecedent, I am inclined to grant anticipatory bail to the petitioner. Accordingly, in the event of arrest or surrender before the court below within six weeks from today, petitioner, above named, shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur / court concerned in connection with Saraiya (Jaintpur O.P.) P.S. Case No.

Patna High Court CR. MISC. No.24282 of 2020(2) dt.29-09-2020 3/3 Criminal Procedure.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) praful/- U T