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Patna High CourtCR. MISC./15095/2024allowed

Vijali Nat @ Bijali Nat @ Bijali Natt v. The State Of Bihar

2024-04-26Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15095 of 2024 Arising Out of PS. Case No.-371 Year-2022 Thana- KHAIRA District- Saran ====================================================== Vijali Nat @ Bijali Nat @ Bijali Natt, Son Of Chabila Nat Resident Of Village - Nagra, Police Station - Khaira (Nagra), District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Avnish Kumar Singh, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Khaira (Nagra) P.S. Case No. 371 of 2022, instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 10 litre foreign liquor has been recovered from the house of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Petitioner was not arrested on the spot. He further submits that similarly situated co-accused persons have already been granted anticipatory bail by this Court, vide order dated 04.09.2023 passed in Cr. Misc. No. 39611 of 2023. Petitioner has one criminal antecedent.

Patna High Court CR. MISC. No.15095 of 2024(4) dt.26-04-2024 2/2

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Khaira (Nagra) P.S. Case No. 371 of 2022, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) rakhi/- U T