Bhola Singh @Bhola Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 41074 of 2024 Arising Out of PS. Case No.-89 Year-2024 Thana- CHARPOKHARI District- Bhojpur ====================================================== Bhola Singh @Bhola Yadav, S/O Shivpujan Singh R/O Village Bara English, P.S. Charpokhari, Distt-Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :
Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 03-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Charpokhari P.S. Case No. 89 of 2024, instituted under Section 30(a) of the Bihar Prohibition & Excise Act.
3. As per the prosecution case, 40 litre Mahua wine has been recovered from a motorcycle bearing Registration No. BR 01AV 5564.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The seized motorcycle is not concerned with the petitioner. He was not arrested from the spot. No incriminating material has been recovered from possession of the petitioner. On the basis of suspicion only he has been implicated in this case.
Patna High Court CR. MISC. No. 41074 of 2024(2) dt.03-07-2024 2/2 Petitioner has no criminal antecedent. He undertakes to cooperate in the investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Charpokhari P.S. Case No. 89 of 2024, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) rakhi/- U T