Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45746 of 2022 Arising Out of PS. Case No.-10 Year-2022 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== Amit Kumar Son Of Nageshwar Ray R/O Village- Ghatwari, P.S.- Dharhara, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jyoti Ranjan Jha For the Opposite Party/s :

Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Mednichouki P.S. Case no. 10 of 2022 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 15 liters illicit country made liquor from dicky of the motorcycle bearing Reg. No. BR08M-1135.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery of illicit wine. It is further

Patna High Court CR. MISC. No.45746 of 2022(2) dt.11-11-2022 2/3 submitted that the petitioner is owner of said motorcycle so he has falsely been implicated in this case. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession.

Learned APP appearing for the State has opposed the prayer of Bail and submitted that the petitioner is owner of the said vehicle.

The petitioner is directed to deposit a sum of Rs 5,000/- (Five Thousand) in the District Legal Services Authority of concerned District.

Having heard learned counsel for the parties and considering the fact that meagre quantity of liquor has been recovered, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Mednichauki P.S. Case no. 10 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge 5th cum Special Judge Excise 2nd Lakhisarai subject to the conditions as laid down under section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.45746 of 2022(2) dt.11-11-2022 3/3 The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs. 5,000/- (Rs. Five thousand) by the petitioner in the account of the concerned DLSA of concerned District.

(Sunil Kumar Panwar, J) amandeep/- U T