Nirbhay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47785 of 2019 Arising Out of PS. Case No.-174 Year-2019 Thana- BRAHMPURA District- Muzaffarpur ====================================================== Nirbhay Kumar Son of Shiv Nandan Singh Resident of Shiv Balak Bigha, P.S.-Mahendiya, District-Arwal A/p-Constable, Dist. Police Force, Muzaffarpur, P.S.-Town, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 31-07-2019 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner apprehends his arrest in connection with Brahampura P.S. Case No. 174 of 2019, registered under Section 37(c) of the Bihar Prohibition and Excise Act, 2016. The allegation against the petitioner, as per the FIR, is that police party in course of patrolling arrested one person, who was lying near Tripti Hotel in intoxicated condition. It has further been alleged that the petitioner had provided illicit liquor to the person, who was arrested in intoxicated position by the police.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.47785 of 2019(2) dt.31-07-2019 2/3 present case. He further submits that petitioner was deputed as bodyguard of District Magistrate, Muzaffarpur, where the concerned person was driver of District Magistrate, Muzaffarpur. He further submits that the name of the petitioner came on the basis of statement made by the person, who was arrested in drunken condition by the police and there is no material before the police to connect the petitioner in the present offence. He further submits there is no criminal antecedent against the petitioner.

After having heard learned counsel for the parties and taking into consideration the fact that no recovery of illicit liquor has been made from the conscious possession of the petitioner and name of the petitioner has come on the basis of statement made by the co-accused who was caught in the drunken position, I am inclined to grant anticipatory bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from today, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Muzaffarpur in

Patna High Court CR. MISC. No.47785 of 2019(2) dt.31-07-2019 3/3 connection with Brahmpura P.S. Case No. 174 of 2019; subject to condition as laid down hereinabove and under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) S.Katyayan/- U T