Kaushal Kishore @ Kachra @ Kaushal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30567 of 2022 Arising Out of PS. Case No.-250 Year-2021 Thana- AIRPORT District- Patna ====================================================== KAUSHAL KISHORE @ KACHRA @ KAUSHAL KUMAR S/o- Dharam Nath Prasad Quarter No. 6, R/o- Village - kaushal Nagar of Polo Road no. 6, Phulwari Patna, P.S.- Hawai Adda, District - Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anup Kumar Pandey, Advocate For the Opposite Party/s :
Mr.Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. 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 276 litres of from the hut of the petitioner. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that even the hut from where the alleged recovery was made does not belong to the petitioner and no one stays there
Patna High Court CR. MISC. No.30567 of 2022(2) dt.12-08-2022 2/2 but the police falsely implicated the petitioner based on secret information which is the easiest way to implicate someone in order to save the real culprits.
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. 2,000/- (Rupees Two 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 Hawai Adda P.S. Case No. 250 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishi/- U T