Manish Kumar @ Chhotu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44337 of 2023 Arising Out of PS. Case No.-249 Year-2023 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== MANISH KUMAR @ CHHOTU KUMAR SON OF NARAYAN PRASAD SINGH @ DEO NARAYAN SINGH RESIDENT OF VILLAGEKANHAUSI (KANAUSI), PS- GADHPURA, DISTT- BEGUSARAI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anshu Dhar Sharma, Advocate For the Opposite Party/s :
Mrs. Pushpa Sinha 1, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-07-2023
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) and 32(ii) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that petitioner has antecedent of five cases.
4. Allegation is of recovery of 34.56 litres of liquor from a motorcycle and 23.4 litres of liquor from Scooty.
5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that petitioner came to be implicated at the instance of the
Patna High Court CR. MISC. No.44337 of 2023(2) dt.17-07-2023 2/2 officials of the Excise Department because of his antecedent when admittedly petitioner is not the owner of any of the seized vehicles.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
7. 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.25,000/- (Rupees Twenty-five 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 Begusarai Town P.S. Case No. 249 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T