Aman Kumar @ Aman Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52207 of 2024 Arising Out of PS. Case No.-14 Year-2024 Thana- KURSAILA District- Katihar ====================================================== Aman Kumar @ Aman Raj S/O Suraj Chaudhari R/O Village- Miliki Nawabganj, P.S- Kursela, Distt.- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 28-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Kursela P.S. Case No. 14 of 2024, instituted under Section 30(a) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, there is recovery of 36 litres foreign liquor from a Tata Indica Vista vehicle. It is alleged by the apprehended accused that the said vehicle belongs to the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case with ulterior motives. Petitioner has neither concern with the said vehicle nor with the apprehended co-accused. He has also no concern with the seized liquor. He was not apprehended

Patna High Court CR. MISC. No.52207 of 2024(2) dt.28-08-2024 2/2 on the spot. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has one criminal antecedent in which he is on bail. He undertakes to co-operate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge, Exclusive Special Excise, Court No. 2, Katihar in connection with Kursela P.S. Case No. 14 of 2024, subject to the conditions laid down in Section 438

(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) rakhi/- U T