Dashrath Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30062 of 2022 Arising Out of PS. Case No.-51 Year-2022 Thana- KOTWA District- East Champaran ====================================================== Dashrath Das S/o Bijali Das R/o village- Talwa Pokhar Nankar, P.S.- Kotwa, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Karandeep Kumar For the Opposite Party/s :

Mr. Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Kotwa P.S. Case no. 51 of 2022 instituted for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 5 liters illicit country made liquor from a hut which is alleged that it belongs to the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. He has falsely been implicated in this case. Petitioner has no concern with the alleged recovery or with the place of occurrence. Neither the

Patna High Court CR. MISC. No.30062 of 2022(2) dt.04-11-2022 2/2 petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts that the recovery of liquor is meagre quantity, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Kotwa P.S. Case no. 51 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Excise Special Excise Court No.1 East Champaran at Motihari subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) amandeep/- U