Anupam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43912 of 2024 Arising Out of PS. Case No.-203 Year-2024 Thana- Excise P.S. District- Aurangabad ====================================================== Anupam Kumar son of Anil Prasad Village- Gaulakshmi colony, PsDaudnagar Dist- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Ms. Mukul Kumari, Advocate For the State :
Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-08-2024 Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, 9 litre country made liquor has been recovered from motorcycle of this petitioner.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner has been made an accused in this case merely because he happens to be registered owner of the vehicle in question. As a matter of fact, on the alleged date of occurrence, co-accused Ankit Kumar had taken the motorcycle of this petitioner to attend a marriage ceremony and without the knowledge and consent of this petitioner, the vehicle was being used for transportation of illicit liquor. Petitioner
Patna High Court CR. MISC. No.43912 of 2024(3) dt.06-08-2024 2/2 claims clean antecedent.
5. Learned A.P.P. for the State has opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the aforesaid facts and circumstances, small quantity of liquor that has been recovered and clean antecedents of the petitioner, 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, Aurangabad, in connection with G.R. No. 863 of 2024 arising out of Daudnagar Excise P.S. Case No. 203 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