Patna High CourtCR. MISC./36267/2022bail granted

Shankar Kumar v. The State Of Bihar

2022-08-23Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36267 of 2022 Arising Out of PS. Case No.-105 Year-2022 Thana- AMAS District- Gaya ====================================================== SHANKAR KUMAR SON OF SANT VILASH YADAV RESIDENT OF VILLAGE- MALIYACHAK, P.S.- AMAS, DISTRICT- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-08-2022 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 Section 30(a) 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 52.185 liter of liquor from the petitioner's house. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and the police in a mechanical manner implicated the petitioner without holding a proper inquiry whether the house belongs to the petitioner exclusively or is a joint family property, it is next submitted that

Patna High Court CR. MISC. No.36267 of 2022(2) dt.23-08-2022 2/2 the house is a joint family property as such it cannot be alleged that it was the petitioner who had kept the liquor in the house. 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. 10,000/- (Rupees Ten 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 Amas P.S. Case No. 105 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T