Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10264 of 2024 Arising Out of PS. Case No.-47 Year-2023 Thana- ADAPUR District- East Champaran ====================================================== Sandeep Kumar Son of Krishna Rai @ Krishan Rai R/o vill - Tikuliya, P.S. - Aadapur, Distt. - East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-02-2024

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

2. The petitioner apprehends his arrest in connection with Aadapur P.S. Case No.47/2023 registered for the offence punishable under Sections 30(a), 32, 41(1) of Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that petitioner has antecedent of three cases and allegation is of recovery of 95.100 litres of liquor from a wheat field. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and the alleged recovery is from a place which is accessible to public at large and does not belong to the petitioner and he came to be implicated by the local people but then the name of local person,

Patna High Court CR. MISC. No.10264 of 2024(2) dt.29-02-2024 2/2 who disclosed the name of the petitioner is not disclosed in the F.I.R., which casts an aspersion on the case of the prosecution. It is also submitted that the police in order to save the real culprits falsely got the petitioner implicated because of his antecedents.

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.15000/- (Rupees fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.2, Motihari, Eat Champaran in connection with Aadapur P.S. Case No.47/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T