Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29551 of 2022 Arising Out of PS. Case No.-163 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== AJIT KUMAR SON OF SITARAM ROY R/O VILLAGE - WARD NO. - 5, HARPUR, MOHAMMADA, PUSA P.S., DISTRICT - SAMASTIPUR (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Meena Singh, A.P.P.

====================================================== 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 the virtual Court proceedings. Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. Allegation is of recovery of 1756.08 litre of liquor from a Mini Truck.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. He further submits

Patna High Court CR. MISC. No.29551 of 2022(2) dt.12-08-2022 2/2 that petitioner came to be implicated as the Mini Truck belonged to him. He next submits that the Mini Truck is used for commercial purpose and the petitioner was completely unaware that the driver was misusing the vehicle for carrying out such illegal activity.

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 Nawada GO Case No. 163 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T