Bhageshwar Kushawaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8852 of 2024 Arising Out of PS. Case No.-349 Year-2023 Thana- KOTWA District- East Champaran ====================================================== BHAGESHWAR KUSHAWAHA S/O HIRALAL BHAGAT @ HIRALAL PRASAD R/O VILLAGE- AHIROLIYA, P.S- KOTWA, DISTT.- EAST CHAMPARAN.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rashmi Jha, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-02-2024

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 147, 148, 149, 341, 323, 332, 333, 353, 427, 504 and 506 of the Indian Penal Code as well as Sections 30(a), 32, 41(1) and 45 of the Bihar Prohibition and Excise (Amendment) Act, 2018.

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

4. Allegation is of recovery of 241.920 litres of liquor from the house of Suraj Kumar Yadav.

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

Patna High Court CR. MISC. No.8852 of 2024(2) dt.27-02-2024 2/2 recovery is from a place which does not belong to the petitioner. It is further submitted that petitioner has no concern with Suraj Kumar Yadav nor he is related to him. It is next submitted that petitioner came to be implicated at the instance of the Chawkidar with whom he is on an inimical term.

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 Kotwa (Bhopatpur) P.S. Case No. 349 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T