Madan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28169 of 2023 Arising Out of PS. Case No.-86 Year-2022 Thana- PAKRIDAYAL District- East Champaran ====================================================== MADAN PRASAD Son of Late Bhagat Prasad Resident of village-Semari Tola Mjhar, P.S.-Pakaridayal, District-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-05-2023 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 Sections 272, 273 and 34 of the Indian Penal Code and 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 94.05 liters of liquor from a bamboo plantation of petitioner.

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

Patna High Court CR. MISC. No.28169 of 2023(2) dt.17-05-2023 2/3 submitted that being owner of the bamboo plantation he has been implicated mechanically by the police at the instance of the Chowkidar, when admittedly petitioner is a person with clean antecedent. It is next submitted that Chowkidar with a view to save the real culprits implicated the petitioner in the case, it is next next submitted that no doubt the orchard belong to the petitioner, but then it is an open space accessible to villagers at large and, as such it cannot be with alleged certainty that it was petitioner who had kept the liquor in the orchard, as no prudent person would use his own land for committing an offence and thus would create evidence against himself and hence would get implicated easily.

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

Patna High Court CR. MISC. No.28169 of 2023(2) dt.17-05-2023 3/3 amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Pakaridayal P.S. Case No. 86 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishabh/- U T