Manalal Uranw @ Manna Uranw @ Munna Uranw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6266 of 2024 Arising Out of PS. Case No.-338 Year-2023 Thana- BIRPUR District- Supaul ====================================================== Manalal Uranw @ Manna Uranw @ Munna Uranw Son of Late Budh Ram Uranw R/o Village - Bishunpur Ghanshyam Jhangrahi Tola, ward no. 9, P.S.- Balua Bazar, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nawaz Shareef For the Opposite Party/s :

Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-02-2024

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

2. The petitioner apprehends his arrest in connection with Birpur (Balua Bazar) P.S. Case No.338/2023 dated 17.10.2023 registered for the offence punishable under Sections 30(a) of Bihar Prohibition and Excise Act, 2018.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case. An allegation is of recovery of 30 litres of liquor from a place behind the house of the petitioner. It is next submitted that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated in the case merely because the alleged recovery is from a place which is

Patna High Court CR. MISC. No.6266 of 2024(2) dt.16-02-2024 2/2 near the house of the petitioner. It is next submitted that even the alleged recovery is from a place which is accessible to public at large as such it cannot be alleged with certainty that it was the petitioner who had kept the liquor from where it was recovered when admittedly the said place does not belong to him.

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

5. 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.5000/- (Rupees Five thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.2, Supaul, in connection with Birpur (Balua (Bazar) P.S. Case No.338/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T