Gyani Patel @ Gyanti Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30525 of 2020 Arising Out of PS. Case No.-79 Year-2020 Thana- MUFFASIL District- West Champaran ====================================================== GYANI PATEL @ GYANTI PATEL Son of Late Kira Patel Resident of Village- Sansaraiya, P.S.- Bettiah Muffasil, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate Ms. Rashmi Jha, Advocate For the Opposite Party/s :

Mr. Ram Naresh Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-01-2021 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Bettiah Mufassil P.S. Case no. 79 of 2020 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016. As per allegation in the FIR, 6.840 litres of IMFL is stated to have been recovered from a hut behind the house of the petitioner.

It is submitted by learned counsel for the petitioner that no recovery as alleged has taken place either from the possession or from the house of the petitioner. The hut from which the recovery has been made does not belong to the petitioner. The petitioner has no criminal antecedent. The application for bail is opposed by learned counsel for the State.

Having heard learned counsel for the parties and

Patna High Court CR. MISC. No.30525 of 2020(2) dt.19-01-2021 2/2 taking into consideration the facts and circumstance of the case, the Court is inclined to enlarge the petitioner on anticipatory bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Bettiah Mufassil P. S. Case no. 79 of 2020, 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 Special Judge, Excise, West Champaran at Bettiah subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Partha Sarthy, J) Prakash/- U