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Patna High CourtCR. MISC./54181/2021bail granted

Shiv Mangal Kumar v. The State Of Bihar

2022-06-16Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54181 of 2021 Arising Out of PS. Case No.-429 Year-2020 Thana- DAUDNAGAR District- Aurangabad ====================================================== SHIV MANGAL KUMAR SON OF UMESH CHAUDHARY RESIDENT OF VILLAGE- MANAR, P.S.- DAUDNAGAR, DISTRICTAURANGABAD (BIHAR) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Leelawati Kumari, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-06-2022 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 offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Allegation is of recovery of 2.8 litre of liquor from the house of the petitioner.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and the house is a joint family property. The petitioner was not arrested from the spot, as such, nothing was recovered from the conscious possession of the petitioner. Learned counsel further submits that except the petitioner, none of the family members have been made an accused in this case.

Patna High Court CR. MISC. No.54181 of 2021(3) dt.16-06-2022 2/2 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.2,000/- (Rupees Two 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 Daudnagar P.S. Case No. 429 of 2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T