Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72310 of 2024 Arising Out of PS. Case No.-173 Year-2023 Thana- BALRAMPUR District- Katihar ====================================================== Manish Kumar Son of Suren Yadav Resident of Vilalge- Garhbanaili (Simriya), PS- Kasba, District- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar Agrawal For the Opposite Party/s :
Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-10-2024
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 Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 10.500 litres of liquor from a scooty. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on the fact that he is owner of the seized vehicle. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create evidence against himself and hence would get
Patna High Court CR. MISC. No.72310 of 2024(2) dt.03-10-2024 2/3 implicated. It is also submitted that the petitioner was completely unaware that Sonu would misuse his vehicle in the manner as alleged, who was also apprehended from the spot.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
5. 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.500/- (Rupees five hundred) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Balrampur Telta P.S. Case No.173/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
6. It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of even one case, in that event, the present anticipatory bail order shall not be given effect to.
7. Today, 30 cases relating to excise were taken up, in
Patna High Court CR. MISC. No.72310 of 2024(2) dt.03-10-2024 3/3 30 cases, there were 32 petitioners, out of which, 25 petitioners were persons with clean antecedent, further in 15 cases, the recovery of liquor was less than 30 litres, as such, the total amount of liquor alleged to have been seized is 2648.165 litres along with 350 litres of Jawa Mahua.
(Satyavrat Verma, J) amit/- U T