Anil Kumar @ Anil Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38896 of 2019 Arising Out of PS. Case No.-26 Year-2019 Thana- NAVINAGAR District- Aurangabad ====================================================== Anil Kumar @ Anil Prasad, Son of Sheomuni Prasad, Resident of Village - Shahpur, P.O.- Shahpur Gorhwa Road, P.S.- Chainpur, District - Palamu, Jharkhand.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Pandey, Advocate For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-09-2019 Heard learned counsel for the petitioner. No one appears on behalf of the State.

Petitioner in the present case is seeking anticipatory bail in connection with Nabinagar P.S. Case No. 26 of 2019 registered for the offences punishable under Section 30(a) of the Bihar Excise Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. and he has falsely been implicated in the present case. It is further submitted that the petitioner is said to be the owner of the vehicle and he has no concern with the alleged occurrence. It is also submitted that nothing has been recovered from the possession of the petitioner.

Patna High Court CR. MISC. No.38896 of 2019(3) dt.20-09-2019 2/3 Considering the facts and circumstances of the case, where the motorcycle in question was not being driven by this petitioner though the same is registered in his name and the person who was driving the motorcycle and using the same for carrying the illicit liquour has already been arrested by the Police and that the petitioner has no criminal antecedent as stated in paragraph 3 of the application, let the petitioner in the event of his arrest or surrender within a period of four weeks from today, be enlarged on bail on furnishing of bail bonds of Rs. 15,000/- (fifteen thousand ) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VII-cum-Special Judge (Excise), Aurangabad in connection with Nabinagar P.S. Case No. 26 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police

Patna High Court CR. MISC. No.38896 of 2019(3) dt.20-09-2019 3/3 officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) vats/ved U T