Sharma Rajbhar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23133 of 2023 Arising Out of PS. Case No.-39 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== SHARMA RAJBHAR S/O MAN BHARAN RAJBHAR R/O VILLAGEPUKHRAIRA, P.S- MAIRWA, DISTT.- SIWAN. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s :
Ms. Rita Verma, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-05-2023 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 offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. Allegation is of recovery of 58.170 litres of liquor from near the gate situated outside the room of the petitioner kept in a plastic sacks.
Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that petitioner came to be implicated based on secret
Patna High Court CR. MISC. No.23133 of 2023(2) dt.16-05-2023 2/2 information which is the easiest way to implicate someone when admittedly petitioner is a person with clean antecedent. 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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with C-III Case No. 39 of 2020, subject to the conditions as laid down under Section 438
(2) of the Cr.P.C.
(Satyavrat Verma, J) Kundan/- U T