Patna High CourtCR. MISC./38634/2024bail granted

Manoj Kumar Verma v. The State Of Bihar

2024-07-04Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38634 of 2024 Arising Out of PS. Case No.-92 Year-2024 Thana- ARWAL District- Jehanabad ====================================================== Manoj Kumar Verma S/O Late Shiv Kumar Prasad R/O MohallaTeknarayanpur Lane, Karbighiya, P.S.-Jakkanpur, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Anil Chandra, Advocate For the State :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-07-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

3. As per prosecution case, 12 litres of beer has been recovered from a car. Petitioner is owner of the car in question.

4. It is submitted by learned counsel appearing on behalf of the petitioner that the petitioner has been made an accused in this case merely because he happens to be owner of the vehicle in question. Nothing has been recovered from the conscious possession of this petitioner. As a matter of fact, without the knowledge and consent of the petitioner, the vehicle was being used for transportation of illicit beer. Petitioner has got no criminal antecedents of similar nature.

Patna High Court CR. MISC. No.38634 of 2024(3) dt.04-07-2024 2/2

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the aforesaid facts and circumstances, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise II, Jehanabad, District- Jehanabad, in connection with Arwal P.S. Case No. 92 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T