Amarjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33176 of 2022 Arising Out of PS. Case No.-5 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== Amarjeet Kumar S/O Subash Sahi R/O Village- Balathari, P.S.- Kuchaikot, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Pandey For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act. There is recovery of 302.40 litres of Indian made Foreign Liquor from a pick-up van. The petitioner is owner of the vehicle.

It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.33176 of 2022(2) dt.03-11-2022 2/3 possession of the petitioner. It is further submitted that one Dilip Dubey has sworn an affidavit to the effect that he had purchased the vehicle of the petitioner on 15.01.2018 after paying consideration amount of Rs. 1,82,000/- and the petitioner has no concern with the said vehicle. A supplementary affidavit to that effect has been filed. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. The petitioner is directed to deposit a sum of Rs. 25,000/-(Rupees Twenty Five Thousands) in the District Legal Services Authority, Gopalganj. In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-IV-cumSpecial Excise Court No. II, Gopalganj in connection with

Patna High Court CR. MISC. No.33176 of 2022(2) dt.03-11-2022 3/3 Excise Case No. 05 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 25,000/-(Rupees Twenty Five Thousands) in District Legal Services Authority, Gopalganj. (Sunil Kumar Panwar, J) Shageer/- U T