Angur Mohammad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30264 of 2022 Arising Out of PS. Case No.-278 Year-2021 Thana- NAUBATPUR District- Patna ====================================================== ANGUR MOHAMMAD SON OF AZAD MOHAMMAD RESIDENT OF HATHIYANA TAHSIL KAPASAN, DISTRICT- CHITTAURGARH, STATE - RAJASTHAN.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mithlesh Kumar Gupta For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2022 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 Naubatpur P.S. Case no. 278 of 2021 instituted for the offence under Sections 379/420/ 467/ 468/ 471/ 34 of the Indian Penal Code and Section 30(A), 38, 41 of the Bihar Excise Amendment & Prohibition Act, 2018.

Prosecution case relates to recovery of 4634 litres IMFL from the truck of the petitioner and driver of the said vehicle was arrested on spot.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.30264 of 2022(2) dt.30-11-2022 2/3 offence. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery. Because of his ownership, he has been implicated in the present case. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession.

Learned APP appearing for the State has opposed the prayer of Bail.

Petitioner is directed to deposit Rs. 1,20,000/- (Rs. One lakh and twenty thousand) in the concerned DLSA. 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 period of eight weeks from today and in the event of his arrest or surrender in connection with Naubatpur P.S. Case no. 278 of 2021, 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 Excise Court, Danapur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs.

Patna High Court CR. MISC. No.30264 of 2022(2) dt.30-11-2022 3/3 1,20,000/- (One Lakh and Twenty thousand only) by the petitioner in the account of concerned DLSA.

(Sunil Kumar Panwar, J) shivani/- U