Manoj Bishwas @ Guddu Bishwas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7731 of 2024 Arising Out of PS. Case No.-186 Year-2023 Thana- JALALGARH District- Purnia ====================================================== MANOJ BISHWAS @ GUDDU BISHWAS SON OF LATE BHANGI LAL BISHWAS @ BHAGI LAL BISHWAS RESIDENT OF VILLAGE - PECHAILI, WARD NO.12, P.S. - MAHALGAON, JOKIHAT, DISTRICT - ARARIA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mrigendra Kumar, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-02-2024

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

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

4. Allegation is of recovery of 42 litres of liquor from the bank of river as detailed in the FIR.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even the alleged recovery is from a place which is accessible to public at large as

Patna High Court CR. MISC. No.7731 of 2024(2) dt.23-02-2024 2/2 such it cannot be alleged with certainty that the petitioner had kept the liquor at the place of occurrence when there is no eyewitness to the occurrence. It is further submitted that petitioner came to be implicated by the local villagers but then the FIR does not disclose the name of the villagers who disclosed the name of the petitioner which casts an aspersion on the case of the prosecution.

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

7. 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 from today, be released on anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Jalalgarh P.S. Case No. 186 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T