Jagdish Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27272 of 2021 Arising Out of PS. Case No.-2 Year-2021 Thana- GOPALPUR District- Gopalganj ====================================================== 1.

Jagdish Tiwari Son Of Late Chanan Tiwari Resident Of Village - Tiwari Khareya, P.S. - Gopalpur, District - Gopalganj. 2.

Kaju @ Kaju Tiwari @ Rahul Tiwari Son Of Jagdish Tiwari Resident Of Village - Tiwari Khareya, P.S. - Gopalpur, District - Gopalganj. 3.

Ranjan Tiwari @ Ranjan Kumar Tiwari Son Of Jagdish Tiwari Resident Of Village - Tiwari Khareya, P.S. - Gopalpur, District - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indrajeet Bhushan For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-03-2022 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners are apprehending their arrest in a case registered in connection with Gopalpur P.S.Case No. 02 of 2021 for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act 2018.

As per allegation in the F.I.R 12 liters country made liquor was recovered from the motorcycle standing in front of the house of Jaddish Tiwari.

Learned counsel for the petitioners submits that petitioner is falsely implicated in this case. Nothing has been

Patna High Court CR. MISC. No.27272 of 2021(3) dt.07-03-2022 2/2 recovered from conscious possession of the petitioners. Petitioner no. 1 and 3 have no concerned with the seized motorcycle or the liquor and they have got no criminal antecedent.

Learned Additional Public Prosecutor opposed the bail prayer of the petitioner.

Considering the facts and circumstance of the case as well as submission of the parties, let the petitioner no. 1 and 3 in the event of their arrest or surrender before the Court Below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge cum Special Judge, Excise Gopalganj in connection with Gopalpur P.S.Case No. 02 of 2021 subject to the conditions as laid down under Section 438(2) of the Cr.P.C (Sunil Kumar Panwar, J) N.K/- U T