Suraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23220 of 2023 Arising Out of PS. Case No.-447 Year-2022 Thana- MOTIPUR District- Muzaffarpur ====================================================== SURAJ KUMAR Son of Sukhdeo Rai R/V- Harpur Juneda, P.S.- Motipur, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saghir Ahmad For the Opposite Party/s :
Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-07-2023 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 offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
Learned counsel for the petitioner submits that petitioner has antecedent of one case.
Allegation is of recovery of 142.320 litres of liquor which was found near the water tank.
Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated at the instance of the Chawkidar with whom he is on an inimical term. It is further submitted that even the alleged recovery is from a place which is accessible to public at large.
Patna High Court CR. MISC. No.23220 of 2023(2) dt.13-07-2023 2/2 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.5,000/- (Rupees Five Thousand) 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 Motipur P.S. Case No. 447 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Kundan/- U T