Awanish Kumar @ Awanish Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5556 of 2024 Arising Out of PS. Case No.-249 Year-2022 Thana- KALYANPUR District- East Champaran ====================================================== Awanish Kumar @ Awanish Singh Son of Satyendra Singh @ Satendra Singh R/o vill - Pakri Dixit, P.S. - Kalyanpur, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suraj Kumar Tiwari For the Opposite Party/s :

Mr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-02-2024

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

2. The petitioner apprehends his arrest in connection with Kalyanpur P.S. Case No.249/2022 registered for the offence punishable under Sections 30(a), 41(1) of Bihar Prohibition and Excise Amendment Act, 2018.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case.

4. An allegation is of recovery of 224.64 litres of liquor from a place near a Banana farm situated in front of semi constructed 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. It is also submitted that merely because the alleged recovery is from a place which

Patna High Court CR. MISC. No.5556 of 2024(2) dt.15-02-2024 2/2 is near the house of petitioner as such he has been implicated when admittedly the alleged place of recovery is accessible to public at large. The learned counsel next submits that the petitioner came to be implicated by the local chowkidar with whom he is on an inimical term because of his antecedent.

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

6. 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 Special Judge, Excise Court no.I, East Champaran at Motihari in connection with Kalyanpur P.S. Case No.249/2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T