Patna High CourtCR. MISC./16621/2024bail granted

Anil Prasad @ Anil Kumar @ Anil Bhagat v. The State Of Bihar

2024-03-14Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16621 of 2024 Arising Out of PS. Case No.-530 Year-2023 Thana- BARAULI District- Gopalganj ====================================================== Anil Prasad @ Anil Kumar @ Anil Bhagat S/o Late Bachcha Prasad @ Late Bachcha Bhagat R/o Village- Rupanchhap, P.S.- Barauli, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikash Kumar Shukla, Advocate For the Opposite Party/s :

Ms. Anita Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-03-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Learned counsel for the petitioner submits that petitioner has antecedent of two cases.

4. Allegation is of recovery of 20 litres of liquor alleged to have been thrown by the petitioner.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even the alleged recovery is from a place which does not belong to the petitioner and he came to be implicated based on the identification made by the Chawkidar with whom he is on an inimical term.

Patna High Court CR. MISC. No.16621 of 2024(2) dt.14-03-2024 2/2

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. 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.10,000/- (Rupees Ten 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 Barauli P.S. Case No. 530 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T