Anshu Kumar v. The State of Bihar

Patna HC11 Mar 2024CR. MISC./14440/2024

Case brief

AI extract

What is this about?

Patna High Court, Criminal Miscellaneous No.14440 of 2024, decided 11-03-2024 by Justice Satyavrat Verma. Anticipatory bail granted to Anshu Kumar under Section 438 Cr.P.C. in excise case (Section 30(a), Bihar Prohibition and Excise (Amendment) Act, 2018; Town P.S. Case No. 23 of 2024, Aurangabad). Recovery of 8.1 liters liquor from a bush; conscious possession disputed. Bail bond Rs.10,000 with two sureties.

What did the court decide?

Anticipatory bail: petitioner to be released on bail upon arrest or surrender within six weeks, on bail bonds of Rs.10,000/- with two like sureties, to the satisfaction of the Special Judge, Excise Court No.1, Aurangabad, subject to Section 438(2) Cr.P.C. conditions. ¶¶22

Anshu Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14440 of 2024

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Arising Out of PS. Case No.-23 Year-2024 Thana- AURANGABAD TOWN DistrictAurangabad

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======================================================

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Anshu Kumar S/o Shravan Saw R/o vill - Nawadih, P.S. - Town, Distt. - Aurangabad

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Amit Anand, Advocate For the Opposite Party/s : Mr.Narsingh Tanti, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 11-03-2024

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Heard learned counsel for the petitioner as well as

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learned APP for the State.

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The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

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The learned counsel for the petitioner submits that petitioner has antecedent of two cases and allegation is of recovery of 8.1 liters of liquor from a bush.

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It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which is accessible to public at large and does not belong to the petitioner and he came to be implicated based on secret information which

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Patna High Court CR. MISC. No.14440 of 2024(2) dt.11-03-2024 2/2

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is the easiest way to implicate someone when petitioner admittedly is a person with clean antecedent.

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The learned APP for the State opposes the anticipatory bail application.

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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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No.1, Aurangabad in connection with Town P.S. Case No.23 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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The application stands allowed.

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(Satyavrat Verma, J)

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Prakash Narayan U T

Anshu Kumar v. The State of Bihar

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Anshu Kumar v. The State of Bihar

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