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Patna High Court - Orders

Ajit Kumar @ Jitendra Kumar vs The State Of Bihar on 13 September, 2022

Author: Satyavrat Verma

Bench: Satyavrat Verma

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.47267 of 2022
                 Arising Out of PS. Case No.-171 Year-2020 Thana- NAWADA MUFFASIL District- Nawada
                 ======================================================
                 AJIT KUMAR @ JITENDRA KUMAR S/o Anandi Yadav R/o village- Isri
                 Bharaunsa, P.S.- Nawada Muffasil, District- Nawada

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Man Mohan Kumar, Advocate
                 For the Opposite Party/s :      Mr. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-09-2022

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a)(d) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 82 litre of liquor from the bushes in a place to the east of Ishari Bharaunsa.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that even recovery was made from a place which does not belong to the petitioner and is accessible to public at large Patna High Court CR. MISC. No.47267 of 2022(2) dt.13-09-2022 2/2 and he came to be implicated at the instance of local people but the name of the local people is not disclosed.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) 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 Muffasil P.S. Case No. 171 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/-

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