Kishor Kumar Sah @ Udhari Turha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26436 of 2023 Arising Out of PS. Case No.-188 Year-2022 Thana- RAGHUNATHPUR District- Siwan ====================================================== KISHOR KUMAR SAH @ UDHARI TURHA son of Satan Turha VillageRaghunathpur Ps- Raghunathpur Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Anupam, Advocate For the Opposite Party/s :

Md. Shakir Ahmad, APP ====================================================== 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 offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 37 liters of liquor from the maize field of village Khap Dhanuti and 140 liters of liquor from bush situated at the bank of Saryu river.

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 petitioner is not the owner of the maize field and the recovery from the bank of the river is a place which is

Patna High Court CR. MISC. No.26436 of 2023(2) dt.16-05-2023 2/2 accessible to public at large and the petitioner came to be implicated at the instance of local villagers, but then their names are not disclosed in the F.I.R. which creates doubt with regard to the veracity of the prosecution' case and it appears that petitioner has been falsely implicated in order to save the real culprits.

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 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) 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 Raghunathpur P.S. Case No. 188 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T