Krishna Mohan Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32342 of 2024 Arising Out of PS. Case No.-230 Year-2020 Thana- BAHERI District- Darbhanga ====================================================== Krishna Mohan Thakur Son Of Ram Punit Thakur Resident Of Village - Parari, Ps- Biraul, Dist- Darbhanga ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Baidyanath Prasad For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Baheri P.S. Case no. 230 of 2020 instituted for the offence under Sections 30(a), 41 of Bihar Prohibition & Excise Act.

As per allegation in the F.I.R., when the police force had gone to arrest one warranty, they saw that several vehicles were parked there and work of loading and unloading cartoons of wine was going on. After seeing the police party, several persons managed to flee. On search,

Patna High Court CR. MISC. No.32342 of 2024(2) dt.16-05-2024 2/3 huge quantity of liquor has been seized. Petitioner is alleged to be owner of Mahindra Supro Vx vehicle bearing Reg. No. BR-07PB-5725 from which 180 litres of IMFL has been recovered.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been implicated in this case since he is the owner of aforesaid vehicle. He has no concern with the alleged recovery. He has got no criminal antecedent. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his possession. Several co-accused persons have already been granted bail by this Court and co-ordinate Bench of this Court In contra, learned A.P.P. vehemently opposed the prayer of bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a

Patna High Court CR. MISC. No.32342 of 2024(2) dt.16-05-2024 3/3 period of four weeks from today and in the event of his arrest or surrender in connection with Baheri P.S. Case no. 230 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise Act) 1, Darbhanga subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Nirajkrs/- U T