Narayan Upadhyay @ Narayan Ji Upadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19367 of 2024 Arising Out of PS. Case No.-488 Year-2023 Thana- DUMRAO District- Buxar ====================================================== Narayan Upadhyay @ Narayan Ji Upadhyay S/o- Jitendra Upadhyay VillageEkauni Ps- Dumraon Dist- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyapal Singh, Adv For the Opposite Party/s :

Mr. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-03-2024 Heard learned counsel for the petitioner and learned counsel for the Additional Public Prosecutor for the state.

2. The petitioner apprehends his arrest in connection with Dumraon P.S Case No. 488 of 2023 instituted under Section 30(a), of the Bihar Prohibition & Excise Amendment Act.

3. As per the prosecution case, total 242.79 litres of illicit foreign liquor was recovered from a Maruti car.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The petitioner was neither the owner nor the

Patna High Court CR. MISC. No.19367 of 2024(2) dt.27-03-2024 2/2 driver of the said vehicle. The petitioner has no concern with the said liquor. Nothing incriminating article has been recovered from conscious possession of the petitioner. The petitioner has got four criminal antecedents. No case is made out against the petitioner.

5. Learned APP for the State Opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of the parties, in the event of his 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 the learned Exclusive Special Judge Excise-I, Buxar/ concerned court in connection with Dumraon P.S. Case No. 488 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Chandra Prakash Singh, J) N.K/- U T