Patna High CourtCR. MISC./29324/2023bail granted

Brahamdev Sardar v. The State Of Bihar

2023-05-18Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29324 of 2023 Arising Out of PS. Case No.-108 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== BRAHAMDEV SARDAR Son of Late Ramanand Sardar R/o village - Giddha, Ward No.- 03, P.S.- Singheshwar, District - Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sucheta Yadav, APP ====================================================== 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 Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with one antecedent and allegation is of recovery of 30 liters of liquor along with 520 kg of fermented java from a Bamboo clump.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, and he came to be implicated at the instance of local people, but then FIR does not

Patna High Court CR. MISC. No.29324 of 2023(2) dt.18-05-2023 2/2 disclose the name of the local people who disclosed the name of the petitioner, it is further submitted that the petitioner is not the owner of the Bamboo clump.

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. 5,000/- (Rupees Five Thousand) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Madhepura Excise P.S. Case No. 108 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Adnan/- U T