Prakash Gaurav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10998 of 2022 Arising Out of PS. Case No.-163 Year-2021 Thana- HATHAURI District- Samastipur ====================================================== Prakash Gaurav, Son Of Shiv Shankar Singh Resident Of Village - Ghiwahi, Shivajinagar, P.S.- Hathauri, Distt.- Samastipur. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Roy For the Opposite Party/s :

Dr. Kumar Uday Pratap ====================================================== 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 is a person with clean antecedent and the allegation is of recovery of 169.120 litre of liquor from Hiralal Mandal's grocery shop and from a place behind Motilal Mandal's house kept under the straw.

The learned counsel for the petitioner submits that petitioner was not apprehended from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that he has no concern with Hiralal Mandal or Motilal

Patna High Court CR. MISC. No.10998 of 2022(2) dt.08-07-2022 2/2 Mandal. It is also submitted that petitioner came to be implicated based on secret information.

The learned Additional Public Prosecutor opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioner and the fact that petitioner is a man of clean antecedent, 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. 3,000/- (Rupees Three Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Hathauri P. S. Case No.163 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