Nadu Khalifa @ Natu Khalifa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31957 of 2023 Arising Out of PS. Case No.-419 Year-2022 Thana- DIGHWARA District- Saran ====================================================== NADU KHALIFA @ NATU KHALIFA Son of Sadhu Khalifa Resident of Village- Raipatti, Dighwara, P.S.- Dighwara, District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Narain Sinha, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-05-2023 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 25 litres of liquor from the palaninuma house of petitioner.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated by Chowkidar who disclosed that the house belongs to the petitioner when the petitioner asserts and submits that the

Patna High Court CR. MISC. No.31957 of 2023(2) dt.23-05-2023 2/2 alleged house does not belongs to him. Learned counsel thus submits that the police in a mechanical manner implicates persons like petitioner when admittedly the 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 Dighwara P.S. Case No. 419 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T