Suresh Pd. Singh @ Suresh Singh @ Suresh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27304 of 2023 Arising Out of PS. Case No.-596 Year-2022 Thana- BAKHTIARPUR District- Saharsa ====================================================== SURESH PD. SINGH @ SURESH SINGH @ SURESH PRASAD Son of Late Bhumi Prasad Resident of village - Chak- Bharo, P.S.- Bakhtiyarpur, P.S.- Paharpur, District - Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Parmeshwar Mehta, Advocate For the Opposite Party/s :

Ms. Gulnar Begum, A.P.P.

====================================================== 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 offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that petitioner has antecedent of one case.

Allegation is of recovery of six litres of liquor from the house of the petitioner.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that the house is a joint family property and, as such, it cannot be alleged with certainty that it was the petitioner who had kept

Patna High Court CR. MISC. No.27304 of 2023(2) dt.17-05-2023 2/2 the liquor in the house or the liquor kept in the house was within his knowledge. It is next submitted that petitioner was implicated because of his antecedent.

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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bakhtiarpur P.S. Case No. 596 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T