Sakindar Rajbanshi @ Satyendra Rajbanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37611 of 2022 Arising Out of PS. Case No.-599 Year-2021 Thana- RAJAOLI District- Nawada ====================================================== Sakindar Rajbanshi @ Satyendra Rajbanshi S/O Late Chando Rajbanshi Resident Of Village- Phulwaria, P.S.- Rajauli District- Nawada. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Bijendra Kumar For the Opposite Party/s :

Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) (c) of the Excise Act, 2016.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 05 litres of liquor from a gallon and 100 litres of soaked mahua which was destroyed at the spot from a kiln at village Saraiyabad.

The learned counsel for the petitioner submits that the petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that alleged recovery is from a place which does not belong to

Patna High Court CR. MISC. No.37611 of 2022(2) dt.23-08-2022 2/2 the petitioner which is accessible to public at large and the petitioner came to be implicated at the instance of the local Chaukidar.

The learned Additional Public Prosecutor opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Rajauli P. S. Case No.599 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T