Rajeev Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28650 of 2022 Arising Out of PS. Case No.-493 Year-2021 Thana- TAJPUR District- Samastipur ====================================================== RAJEEV KUMAR DAS Son of Rajendra Das Resident of village - Maricha, P.S.- Tajpur (Halai O.P.), District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rabindra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through the virtual Court proceedings. Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

Allegation is of recovery of 4.850 litre of liquor from the back side of 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. He further submits that the alleged recovery is from a place which is the back side of the house of the petitioner and has a very small boundary, as such, it appears that

Patna High Court CR. MISC. No.28650 of 2022(2) dt.12-08-2022 2/2 someone threw the said liquor inside the house of the petitioner. He next submits that no prudent man would keep the liquor in his house knowing how the stringent law is. He also submits that it seems that petitioner came to be implicated based on the information received to the police by the Station House Officer. Learned counsel submits that it appears that in the impugned order, it has been wrongly recorded that the alleged recovery is 9500 ml. when from perusal of the seizure list, it would manifest that the allegation is of recovery of 4.850 litre of liquor.

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.1,000/- (Rupees One 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 Tajpur P.S. Case No. 493 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T