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Patna High CourtCR. MISC./6955/2024bail granted

Awadhesh Kumar @ Awadhesh Rai v. The State Of Bihar

2024-02-22Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6955 of 2024 Arising Out of PS. Case No.-689 Year-2023 Thana- BIDUPUR District- Vaishali ====================================================== AWADHESH KUMAR @ AWADHESH RAI SON OF SUDAMA RAI R/OKUTUBPUR, P.S.-BIDUPUR, DISTT.-VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Javed Aslam For the Opposite Party/s :

Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-02-2024

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

2. The petitioner apprehends his arrest in connection with Bidupur P.S. Case No.689/2023 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2018.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 195 litres of liquor from an Auto. It is next submitted that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he is not the owner of the auto and he came to be implicated at the instance of local persons but then the name of local persons is not disclosed in the F.I.R., who disclosed the name of the

Patna High Court CR. MISC. No.6955 of 2024(2) dt.22-02-2024 2/2 petitioner which casts an aspersion on the case of prosecution,

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.500/- (Rupees five hundred) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.1cum-Additional District and Sessions Judge, Vaishali at Hajipur in connection with Bidupur P.S. Case No.689/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) amit/- U T