Krishna Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18125 of 2023 Arising Out of PS. Case No.-203 Year-2021 Thana- GOPALPUR District- Gopalganj ====================================================== KRISHNA BHAGAT Son of Indrasen Bhagat R/o- Sahahpur Pakriamr, P.S.- Gopalpur, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepankar Raj, Advocate For the Opposite Party/s :

Ms. Pronoti Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-05-2023 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 six cases.

Allegation is of recovery of 23.200 litres of liquor from a bag kept on the motorcycle.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in the present case. It is further submitted that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession, though it is alleged that police tried to stop the motorcycle but the driver and the pillion fled away

Patna High Court CR. MISC. No.18125 of 2023(2) dt.10-05-2023 2/2 leaving the bag for which the alleged recovery was made. It is next submitted that petitioner because of his antecedent came to be implicated.

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.20,000/- (Rupees Twenty 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 Gopalpur P.S. Case No. 203 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T