Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52753 of 2022 Arising Out of PS. Case No.-76 Year-2022 Thana- SAHPUR District- Patna ====================================================== MANISH KUMAR S/O MAHANAND SAW Resident of villageShiwalapar, P.S.- Shahpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Gauri Shankar Gupta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-10-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through the virtual Court proceedings. Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a), 32(iii), 56 and 41 of the Bihar Prohibition and Excise (Amendment) Act, 2018. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

Allegation is of recovery of 72 litres of liquor from a car, 60.3 litres of liquor from the house of Late Mahanand Sao. 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 in the present case as his name transpired in the confessional statement of Indu Devi who is his mother. Learned counsel further submits that it has

Patna High Court CR. MISC. No.52753 of 2022(2) dt.14-10-2022 2/2 been specifically pleaded at para 8 of the anticipatory bail application that house is a joint family property and the police in mechanical manner instituted the FIR. Learned counsel also submits that petitioner is neither the owner nor the driver of the car. However, at the cost of repetition, it is submitted that petitioner is a person with clean antecedent and nothing was recovered from his conscious possession.

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 Sahpur P.S. Case No. 76 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T