Surendra Kora @ Sulendra Kora v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34956 of 2025 Arising Out of PS. Case No.-120 Year-2022 Thana- CHANAN District- Lakhisarai ====================================================== Surendra Kora @ Sulendra Kora S/o Lattu Kora R/o Village- Kachhua Dargah Tola, P.S.- Chanan, District- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brajesh Sahay, Advocate Mr.Rajesh Kumar, Advocate For the Opposite Party/s :

Mr.Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 30-06-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Chanan P.S. Case no.120 of 2022 registered under Section 30(a)(b)(c) of the Bihar Prohibition and Excise Act, 2016.

3. A perusal of F.I.R and seizure list would go to show that 90 liters of mahua liquor along with other incriminating articles were recovered from the forest area.

4. Learned counsel for the petitioner submits that the name of the petitioner has transpired in this case on the disclosure made by local chowkidar who has inimical terms with the petitioner. There was no independent witness to the seizure list and no recovery has been made from the conscious possession of the petitioner. The forest area where the alleged

Patna High Court CR. MISC. No.34956 of 2025(3) dt.30-06-2025 2/2 liquor was found, is an open space which is accessible to everyone. Two co-accused persons have already been granted anticipatory bail by co-ordinate Bench of this Court vide order dated 31.07.2023 passed in Cr. Misc. No. 49511 of 2023 (Annexure-P/2). The petitioner has no criminal antecedent and undertakes to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. In view of the aforesaid facts of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Chanan P.S. Case no.120 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where case is pending/successor Court, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023. (Soni Shrivastava, J) Harsh/- U T