Patna High CourtCR. MISC./9649/2024bail granted

Santosh Nut @ Bhundi Nut v. The State Of Bihar

2024-02-28Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9649 of 2024 Arising Out of PS. Case No.-213 Year-2023 Thana- SIDHWALIYA District- Gopalganj ====================================================== Santosh Nut @ Bhundi Nut Son of Makdim Nut Resident of Village-Rampur, P.S.-Sidhwaliya, Distt.-Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Sharda Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-02-2024

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 30(a)(b)(c) (d) of the Bihar Prohibition and Excise (Amendment) Act, 2021.

3. Learned counsel for the petitioner submits that petitioner has antecedent of two cases.

4. Allegation is of recovery of 43 litres of liquor from a place near the water tank.

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 he came to be implicated by the local people but then the name of the person who disclosed the name of the petitioner is not disclosed in the FIR. It is further submitted that it appears that the police

Patna High Court CR. MISC. No.9649 of 2024(2) dt.28-02-2024 2/2 because of antecedent of the petitioner falsely implicated him.

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.10,000/- (Rupees Ten Thousand) 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 Sidhwaliya P.S. Case No. 213 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T