Anil Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81347 of 2024 Arising Out of PS. Case No.-124 Year-2024 Thana- SIKTA District- West Champaran ====================================================== Anil Patel Son of Sri Krishna Patel Resident of village -Laukariya, P.S.- Chanpatiya, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sharad Kumar Verma For the Opposite Party/s :
Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-12-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Sikti Police Station Case No. 124 of 2024, dated 03.10.2024, disclosing offences punishable under Sections 274/275 of the Bhartiya Nyaya Sanhita, 2023 and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
3. The prosecution case, as per the First Information Report, is that the police recovered 273.9 litres of illicit liquor from a Commander jeep and one person fled away from the jeep.
4. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner
Patna High Court CR. MISC. No.81347 of 2024(2) dt.11-12-2024 2/3 alleged and he has falsely been implicated in this case merely because his learning license and Aadhar card was kept in the dash board of the Commander Jeep. He further submits that the petitioner was not aware about the illicit liquor being kept inside the Commander Jeep. He further submits that the petitioner is having no criminal antecedent.
5. Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that the petitioner has got no criminal antecedent and he has been made accused on the basis of learning license and Aadhar card kept in the dash board only, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Court No. II, West Champaran, at Bettiah, in connection with Sikti Police Station Case No.
Patna High Court CR. MISC. No.81347 of 2024(2) dt.11-12-2024 3/3 124 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √