Achchelal Prasad @ Achchelal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17659 of 2022 Arising Out of PS. Case No.-19 Year-2022 Thana- BASANTPUR District- Siwan ====================================================== ACHCHELAL PRASAD @ ACHCHELAL MAHTO Son of Late Charitar Mahto Resident of Village - Khawaspur, Dhanuk Tola, P.s.- Basantpur, (Lakari Nawiganj O.P.), Distt.- Siwan.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Kant Singh, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act.

It is a case of recovery of illicit liquor from the backyard of the house of Kamlawati Devi.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that no incriminating article has been recovered from the conscious or constructive possession of the petitioner and the name of the petitioner came into light on the basis of secret information. Petitioner has not been arrested at the spot

Patna High Court CR. MISC. No.17659 of 2022(2) dt.12-08-2022 2/2 and he has no criminal antecedent.

Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioner, above named, in the event of his 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 Exclusive Special Excise Court-I, Siwan in connection with Basantpur (Lakri Nawiganj O.P.) P.S. Case No. 19 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U