Patna High CourtCR. MISC./49049/2023bail granted

Umesh Prasad v. The State Of Bihar

2023-07-31Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49049 of 2023 Arising Out of PS. Case No.-234 Year-2023 Thana- BHORE District- Gopalganj ====================================================== UMESH PRASAD Son of Ramchandra Prasad Resident of Village - Gosaisiya, P.S. - Bhore, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Javed Aslam, Advocate For the Opposite Party/s :

Mr. Gulnar Begum, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-07-2023

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 offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case.

4. Allegation is of recovery of 71.600 litres of liquor from a motorcycle.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated by the nearby people but then the FIR does not disclose the name of the person who disclosed the name of the petitioner. It is further submitted that petitioner is not the owner

Patna High Court CR. MISC. No.49049 of 2023(2) dt.31-07-2023 2/2 of the seized vehicle.

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.5,000/- (Rupees 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 Bhore P.S. Case No. 234 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T