Anil Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16978 of 2020 Arising Out of PS. Case No.-20 Year-2020 Thana- BARAULI District- Gopalganj ====================================================== ANIL BHAGAT Son of Late Bachcha Bhagat @ Bachcha Prasad Resident of Village - Rupanchhap, P.S. - Barauli, District - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Kumar Singh For the Opposite Party/s :

Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-06-2020 This case has been heard through video conferencing. 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 30 (a) of the Bihar Prohibition and Excise Act, 2018.

16.180 liters of foreign liquor is said to have been recovered from the Bathan of the co-accused Suresh Bhagat and the petitioner along with the co-accused managed to escape from the place of occurrence.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or the place of recovery or any trade of liquor. He has been falsely implicated in this case at the instance of his enemy. He was not apprehended on the spot. On the disclosure made by the local people due to

Patna High Court CR. MISC. No.16978 of 2020(2) dt.12-06-2020 2/2 animosity, petitioner has been made accused in this case. He has no criminal antecedent.

Petitioner is agreed to deposit a sum of Rs.5000.00 (Rupees Five Thousand) in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge Excise, Gopalganj in connection with Barauli P.S. Case No. 20 of 2020, G.R. No.94 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.5000.00 (Rupees Five Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) Trivedi/- U T