Nirala Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34096 of 2023 Arising Out of PS. Case No.-183 Year-2023 Thana- BIHTA District- Patna ====================================================== NIRALA KUMAR SON OF RAMNATH RAI RESIDENT OF VILLAGEBHAGWATIPUR, PS- BIHTA, DISTT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s :

Mr. Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) and 41(i) 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 650.055 liters of liquor found stored under a pile of sand inside a newly made boundary of Raja Kumar. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, even alleged recovery is from a place which does not belong to the petitioner and he came to be implicated at the instance of the nearby

Patna High Court CR. MISC. No.34096 of 2023(2) dt.20-06-2023 2/2 people but then FIR does not discloses the name of the person who disclosed the name of the petitioner when admittedly petitioner is a person with clean antecedent. 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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bihta P.S. Case No. 183 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Adnan/- U T