Suraj Kumar @ Jadu @ Suraj @ Yadu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30709 of 2023 Arising Out of PS. Case No.-87 Year-2023 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Suraj Kumar @ Jadu @ Suraj @ Yadu Son of Dilip Mahto R/o-Gadiyani, P.S.-TOWN, Distt.-MADHUBANI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhavesh Kumar Sah, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-05-2023 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 clean antecedent and allegation is of recovery of 75 litres of liquor from the demolished house of Kishun Raut.
Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that even the alleged recovery is from a place which
Patna High Court CR. MISC. No.30709 of 2023(2) dt.19-05-2023 2/2 does not belong to the petitioner and further the petitioner has no concern with Kishun Raut and he came to be implicated at the instance of villagers but the FIR does not record the name of the villagers which creates doubt with regard to the veracity of the allegations as alleged in the FIR.
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 Town P.S. Case No. 87 of 2023 G.R. No. 430 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishi/- U T