Durgesh Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25881 of 2022 Arising Out of PS. Case No.-6 Year-2022 Thana- KAMTAUL District- Darbhanga ====================================================== DURGESH KUMAR MISHRA S/o Sudhir Kumar Mishra R/o villageGopalpur, P.S.- Kamtaul, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Sangeeta Sharma, 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.

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 8.700 liters of liquor from a plastic bag which was thrown on NH-75 by the accused persons while fleeing. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession even alleged recovery is from a place which is accessible to public at large and the petitioner came to be implicated at the instance of

Patna High Court CR. MISC. No.25881 of 2022(2) dt.02-11-2022 2/2 Chowkidar with whom petitioner is on an inimical term. Learned counsel next submits that it appears Chowkidar with a view to save the real culprits implicated the petitioner where 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) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successsor court in connection with Kamtaul P.S. Case No. 06 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T