Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23312 of 2023 Arising Out of PS. Case No.-486 Year-2022 Thana- PARBATTA District- Khagaria ====================================================== 1.

PRINCE KUMAR Son of Ravindra Rai R/V- Chak Pryag, Ps- Parbatta, Dist- Khagaria 2.

Piyush Kumar Son of Ravindra Rai R/V- Chak Pryag, Ps- Parbatta, DistKhagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

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

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and allegation is of recovery of 6.480 liters of liquor from the Basa of the petitioners.

Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession, it is next

Patna High Court CR. MISC. No.23312 of 2023(2) dt.16-05-2023 2/2 submitted that Basa is a place outside the house and it accessible to villagers at large. It is also submitted that no prudent person would keep liquor in his own Basa and thus would get implicated easily, it is thus submitted that it appears that someone in order to falsely implicate the petitioners had kept meager amount of liquor in their Basa.

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

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 Parbatta P.S. Case No. 486 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Adnan/- U T