Tripurari Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21151 of 2022 Arising Out of PS. Case No.-11 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Araria ====================================================== Tripurari Bhagat, Son Of Late Chandrika Bhagat Residence Of Village - Gachhi Tola, Hatiya Road, Ward No.- 24, P.S.- Araria, District - Araria. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Kundan Kumar Singh For the Opposite Party/s :

Ms. Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-08-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a), 47 of the Excise Act, 2018.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 8.280 litre of liquor from a generator room. The learned counsel for the petitioner submits that the petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that the generator room belongs to the petitioner and it appears that in absence of the petitioner, the same was misused by some

Patna High Court CR. MISC. No.21151 of 2022(2) dt.05-08-2022 2/2 persons or his staffs and petitioner came to be implicated merely because is the owner of the generator.

Learned A.P.P. opposes the bail application.

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, is directed to be released on bail on his furnishing bail-bonds in the sum 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 in connection with Excise Special Case No.326 of 2020 arising out of Sadar Circle Case No.11 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T