Allowed

Ankit Kumar v. The State of Bihar

Patna HC2 Sept 2024CR. MISC./62288/2024

Case brief

AI extract

What is this about?

Anticipatory bail application in an excise case alleging recovery of 70 litres of liquor from a motorcycle registered in the petitioner's name. The court granted pre-arrest bail, directing release on furnishing bail bonds with two sureties subject to Section 438(2) Cr.P.C. conditions, noting one prior case antecedent.

What did the court decide?

Anticipatory bail granted; release on bail-bonds of Rs. 5,000 with two sureties of like amount, subject to Section 438(2) Cr.P.C. conditions.

Ankit Kumar Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 62288 of 2024

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Arising Out of PS. Case No.-316 Year-2024 Thana- DEHRI TOWN District- Rohtas

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

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Ankit Kumar Son of Dhananjay Singh Resident of Village - Chandanpura, P.S. - Tilauthu, District - Rohtas

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Rajani Kant Singh For the Opposite Party/s : Ms. Pushpa Sinha.1 ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 02-09-2024

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Heard learned counsel for the petitioner and

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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 Bihar Prohibition and Excise Amendment Act, 2022.

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The learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 70 liters of liquor from a motorcycle.

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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 he came to be implicated based on the fact that he is the onwer of the seized motorcycle. It is next submitted that no prudent person would use his own vehicle for

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Patna High Court CR. MISC. No. 62288 of 2024(2) dt.02-09-2024 2/2

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committing an occurrence and thus would create evidence against himself and hence would get implicated. It is also submitted that petitioner was completely unaware that his friend would misuse the vehicle in the manner as alleged.

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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. 5,000 /- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No. 1, Rohtas at Sasaram in connection with Dehri Town (Indrapuri) P.S. Case No. 316 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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Sudhanshu/-

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U T

Ankit Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ankit Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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