Sushil Kumar Tiwary @ Sushil Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15833 of 2023 Arising Out of PS. Case No.-828 Year-2022 Thana- BRAHMPUR District- Buxar ====================================================== SUSHIL KUMAR TIWARY @ SUSHIL TIWARY Son of Shiv Shambhu Tiwary R/o Vill.- Chhotka Vishupur, P.S.- Karnamepur (Shahpur), District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Maruti Kumari, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-05-2023 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 offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 17.280 liters of liquor from a bag. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that allegation is that the motorcycle borne criminals threw a bag on seeing the police from which the alleged

Patna High Court CR. MISC. No.15833 of 2023(2) dt.03-05-2023 2/2 recovery is made. The learned counsel next submits that petitioner came to be implicated based on disclosure made by the Chowkidar with whom he was on an inimical term. 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 trial court 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 to the satisfaction of the learned trial court where the case is pending/successor court in connection with Brahmpur P.S. Case No. 828 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T