Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23960 of 2024 Arising Out of PS. Case No.-598 Year-2023 Thana- MASHRAK District- Saran ====================================================== 1.

Satish Kumar Son of Chote Lal Sah Resident of Rajpatti Gola, P.S.- Mashrakh, Dist.- Saran at Chapra 2.

Awadesh Kumar @ Awadhesh Kumar Suman Son of Arun Sah Resident of Village- Dumarsan, P.S.- Mashrakh, Dist.- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Tiwary For the Opposite Party/s :

Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-04-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioners submits that the petitioners are person with clean antecedent and allegation is of recovery of 17.280 liters of liquor from a motorcycle and 145.320 liters of liquor from a bush.

4. Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and are not owner of the seized motorcycle and the place from where 145.320 liters of liquor is alleged to have been recovered does not belong to the petitioners and they came to be implicated at the instance of

Patna High Court CR. MISC. No.23960 of 2024(2) dt.02-04-2024 2/2 Chowkidar with whom they are on an inimical term. It is further submitted that in majority of the cases police is implicating accused persons at the instance of Chowkidar in order to save the real culprits. It is also submitted that if the Chowkidar was aware of the involvement of the petitioner in the occurrence then why he did not inform the police prior to institution of the instant FIR which casts an aspersion on the case of the prosecution.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their 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. 1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Mashrakh P.S. Case No. 598 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T