Munna Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32393 of 2022 Arising Out of PS. Case No.-7 Year-2022 Thana- CHIKSAUR District- Nalanda ====================================================== Munna Prasad S/O Late Surendra Prasad R/O Village- Chak Mahddipur, P.S.- Chiksaura, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act. There is recovery of 13 litres of country made liquor. The petitioner is alleged to have fled away from the place of seizure.

It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that

Patna High Court CR. MISC. No.32393 of 2022(2) dt.23-09-2022 2/2 the petitioner is not engaged in any type of illegal business and on the alleged date of recovery the petitioner was not present at his village or in the locality. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned 5th Additional District and Sessions Judge-cum-Special Court Excise 1st, Nalanda, Biharsharif in connection with Chiksaura P.S. Case No. 7 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T