Vishal Kumar Nag v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75653 of 2019 Arising Out of PS. Case No.-274 Year-2019 Thana- OBRA District- Aurangabad ====================================================== Vishal Kumar Nag Son of Goverdhan Prasad Resident of Village- Obra, P.S.- Obra, District- Aurangabad (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Leelawati Kumari, Advocate For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in a case registered for the offence under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the allegation in the FIR, 33.4 litres of country liquor was recovered from a bag from the motorcycle of the petitioner.

It is submitted by learned counsel for the petitioner that the allegation of recovery is false and concocted, no recovery as alleged has taken place and the petitioner has been implicated only on the ground that he happens to be the owner of the said motorcycle. It is further stated that he was not arrested from the

Patna High Court CR. MISC. No.75653 of 2019(2) dt.27-11-2019 2/2 spot and has no criminal antecedent.

Having heard learned counsel for the parties and taking into consideration the facts and circumstance of the case, the court is inclined to enlarge the petitioner on bail. The petitioner above named, in the event of his arrest or surrender in the court below within a period of six weeks from today in connection with Obra P.S. Case No. 274 of 2019 is directed to be enlarged on bail on furnishing bail bond of Rs 10,000.- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VII-cum-Special Judge (Excise), Aurangabad subject to the conditions as laid down in section 438 (2) of Criminal Procedure Code.

(Partha Sarthy, J) Prakash/- U