Birendra Dhangad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10982 of 2022 Arising Out of PS. Case No.-47 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- West Champaran ====================================================== Birendra Dhangad, Son Of Sri Dukhan Dhangad Resident Of Village - Bhasurari, Ward No.15, P.S.- Shikarpur, Distt.- West Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma Ms. Rashmi Jha For the Opposite Party/s :

Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act, 2016.

The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the allegation is of recovery of 03 litre of liquor along with 05 kg. black jaggery and other articles from petitioner's house.

The learned counsel for the petitioner submits that the petitioner was not arrested from the spot and as such, nothing was recovered from his conscious possession. It is next submitted that the house is a joint family property, as such, it

Patna High Court CR. MISC. No.10982 of 2022(2) dt.08-07-2022 2/2 cannot be alleged that it was the petitioner, who had kept the liquor and the articles, as detailed in the F.I.R., in the house. It is also submitted that petitioner came to be implicated at the instance of villagers.

The learned Additional Public Prosecutor opposes the anticipatory bail application.

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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Excise Case No.47 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T