Arun Singh @ Arun v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28981 of 2023 Arising Out of PS. Case No.-287 Year-2022 Thana- CHANDI District- Bhojpur ====================================================== ARUN SINGH @ ARUN Son of Butan Yadav @ Butan Singh Resident of village - Salempur, P.S. - Chandi, Distt. - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Renu Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-05-2023 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 30(a) and 36 of the Bihar Prohibition and Excise (Amendment) Act, 2022. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. Allegation is of recovery of 800 litres of Mahua Pass along with 100 litres of liquor from a place near the Cheerki River.

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 even the alleged recovery is from a place which is accessible to public at large and the petitioner came to be

Patna High Court CR. MISC. No.28981 of 2023(2) dt.18-05-2023 2/2 implicated at the instance of the Chawkidar for the reasons best known to him. It is next submitted that it appears that the Chawkidar with a view to save the real culprits falsely implicated the petitioner when admittedly petitioner is a person with clean 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.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 Chandi P.S. Case No. 287 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T