Surat Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9275 of 2022 Arising Out of PS. Case No.-217 Year-2021 Thana- CHAKAI District- Jamui ====================================================== Surat Prasad S/O Banarsi Sah R/O Village- Ward No. 01, Near- Parsurampur School, Semra Tola, P.S.- Turkauliya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Singh For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Sections 30(a)(f), 32(2), 32(3), 36, 41(1), 41(2) of the Bihar Prohibition & Excise Act.

There is recovery of 80 litres of spirit from a Bolero vehicle and three persons were apprehended. They disclosed that petitioner is the owner of the seized Bolero vehicle.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.9275 of 2022(2) dt.25-08-2022 2/3 petitioner that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The brother of the petitioner namely Sunil Prasad had taken the said vehicle for going to his Sasural. The petitioner has no concerned with the seized spirit. A statement has been made in para 3 of the petition that petitioner is accused in one other case apart from the present one.

The petitioner is directed to deposit a sum of Rs. 20,000/-(Rupees Twenty Thousands) in the District Legal Services Authority, Jamui.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned 2nd Additional District & Sessions Judge, Jamui in connection with Chakai P.S. Case No.

Patna High Court CR. MISC. No.9275 of 2022(2) dt.25-08-2022 3/3 217 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 20,000/-(Rupees Twenty Thousands) in District Legal Services Authority, Jamui.

(Sunil Kumar Panwar, J) Shageer/- U T