Satrohan Nut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15331 of 2025 Arising Out of PS. Case No.-719 Year-2021 Thana- MADHAURAH District- Saran ====================================================== Satrohan Nut Son of Late Vishwanath Nut village- Pakahan, Ps- Marhowrah, Dist- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 02-04-2025 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends his arrest in connection with Marhowrah P.S.Case No. 719 of 2021 registered for the offences punishable under Sections 30(a), 47 of the Bihar Prohibition & Excise Act.

3. From perusal of the first information report as also the seizure list, it would appear that 55 liters of spirit was recovered from the motorcycle bearing Registration no. BR04Z28442, which was duly seized besides some other recovery being made from the house of other persons. So far as petitioner is concerned, it is said that he is the owner of the said motorcycle and this is the reason that his name has transpired in the instant case.

4. The learned counsel for the petitioner submits that as a matter of fact, the motorcycle was parked at a particular

Patna High Court CR. MISC. No.15331 of 2025(2) dt.02-04-2025 2/2 place and the same had gone missing.

5. Learned APP for the State submits that the petitioner has three criminal antecedents of same nature. However, in response it is submitted that petitioner is on bail in all the cases.

6. In view of the submission that there is no independent witness to the seizure and no recovery has been made from conscious possession of the petitioner, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, in the event of his arrest/ surrender withina period of four weeks from today the petitioner shall be released on bail on 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- Saran at Chapra in Marhowrah P.S. Case No. 719 of 2021, subject to condition as laid down under Section 438(2) of the Cr.P.C and subject to the further condition that (i) the petitioner shall co-operate in investigation/ trial.(ii) the learned court below shall verify the criminal antecedent of the petitioner before releasing him on bail.

(Soni Shrivastava, J) N.K/- U T