Md. Sarwar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12249 of 2022 Arising Out of PS. Case No.-745 Year-2021 Thana- JAHANABAD District- Jehanabad ====================================================== MD. SARWAR S/o Late Md. Ishhak R/o Mohalla- Gareriya Khand, P.S. and District- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Krishna Kant Singh, Advocate For the Opposite Party/s :
Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 37(D) of the Bihar Excise Act.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of two empty bottles from a room of a guest house which belongs to the petitioner.
Learned counsel for the petitioner submits that the petitioner is the owner of the guest house and as such he was completely unaware which guest misused the room by keeping empty liquor bottles. It is next submitted that the bottles were empty, there was no liquor in it as such it cannot be alleged with
Patna High Court CR. MISC. No.12249 of 2022(2) dt.16-06-2022 2/2 certainty whether the bottles contained liquor or was brought by guest for keeping water.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
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. 100/- (Rupees One Hundred) each 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 Jehanabad P.S. Case No. 745 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishi/- U T