Raja Tiwary @ Raja Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27288 of 2022 Arising Out of PS. Case No.-345 Year-2018 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== Raja Tiwary @ Raja Tiwari Son Of Late Raju Tiwary Resident Of Village - Gopalpur, P.S. - Hussainganj, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a)(c)(d), 36, 38, 41(i) of the Bihar Prohibition & Excise Act.

There is recovery of 40 litres of Indian made foreign liquor from a motorcycle. The petitioner is owner of the motorcycle.

It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the

Patna High Court CR. MISC. No.27288 of 2022(2) dt.11-11-2022 2/3 spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is only owner of the vehicle in question and co-villager of the petitioner has taken his motorcycle in good faith with a false reason of medical emergency. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

The petitioner is directed to deposit a sum of Rs. 10,000/-(Rupees Ten Thousand) in the District Legal Services Authority, Siwan.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, Siwan in connection with G.B. Nagar P.S. Case No. 345 of 2018, subject to the conditions as laid down

Patna High Court CR. MISC. No.27288 of 2022(2) dt.11-11-2022 3/3 under Section 438(2) of the Cr.P.C.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 10,000/-(Rupees Twenty Thousands) in District Legal Services Authority, Siwan.

(Sunil Kumar Panwar, J) Shageer/- U T