Ashok Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33694 of 2019 Arising Out of PS. Case No.-162 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Ashok Saw Son of Ramchandra Saw Resident of Village - Tiwarichak, P.S.- Sherghati, Distt - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.Amarendra Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 22-05-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Excise Case No. 162/2019 for the offence registered under Sections 30(c) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that though the allegation is of recovery of 45 Kgs. of Jawa Mahua from the house-cum-shop of the petitioner, but such recoveries were allegedly destroyed and as such there is no seizure-list. The petitioner, however, submits that the entire allegation is false and fabricated and made to implicate the petitioner. In view of the fact that there is absence of any seizure-list and that there is no recovery from the conscious

Patna High Court CR. MISC. No.33694 of 2019(2) dt.22-05-2019 2/2 possession of the petitioner, let the petitioner, above named, in the event of his arrest/surrender before the learned court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Gaya, in connection with Excise Case No. 162/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) Saif/- U T