Amresh Kumar @ Amresh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33889 of 2022 Arising Out of PS. Case No.-5 Year-2022 Thana- PIYAR District- Muzaffarpur ====================================================== AMRESH KUMAR @ AMRESH RAI Son of Lalu Rai Resident of Village - Hattha Kalyan Nagar, P.S.- Piar (Hattha OP), Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Shekhar Anand, Advocate For the Opposite Party/s :

Mr. Mukeshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

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 offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016-18.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. Allegation is of recovery of 18 litre of liquor which was concealed in a pit situated on the rode side in front of the house of the petitioner.

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.33889 of 2022(2) dt.18-08-2022 2/2 that the alleged recovery is from a pit which was in front of the house of the petitioner, as such, the petitioner came to be implicated by the police based on secret information which is the easiest way to implicate an innocent person. He next submits that it appears that in order to save the real culprits, the petitioner, who has clean antecedent, was falsely implicated. 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.1,000/- (Rupees One 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 Piar (Hattha O.P.) P.S. Case No. 05 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T