Tufan Patel @ Tufan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38541 of 2024 Arising Out of PS. Case No.-71 Year-2024 Thana- CHHAURADANO District- East Champaran ====================================================== Tufan Patel @ Tufan Kumar son of Sri Narayan Patel Village- Pipra PsDarpa Dist- East Champaran Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Adv For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Chhauradano P.S. Case No. 71 of 2024 dated 23.03.2024 for the offences punishable u/s 30(a), 41(1) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 59.015 litres of illicit foreign liquor was recovered from the house of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the petitioner has no concern with the alleged recovery. Nothing has been recovered

Patna High Court CR. MISC. No.38541 of 2024(2) dt.09-08-2024 2/2 from the conscious possession of the petitioner. The petitioner has clean antecedents as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner by submitting that the recovery has been made from the house of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, I am of the view that no case for grant of anticipatory bail is made out and the same is disposed of with direction to the petitioner to surrender before the Court below concerned within six weeks from today and pray for regular bail and the learned Court below shall consider the prayer for regular bail of the petitioner on the same day without being prejudiced by this order.

7. The application stands disposed of.

(Chandra Prakash Singh, J) Jyoti/- U T