Sonu Nut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39026 of 2022 Arising Out of PS. Case No.-56 Year-2022 Thana- OBRA District- Aurangabad ====================================================== SONU NUT S/o Manoj Nut @ Manoj Nat Resident of Nut Mohalla, Obra, P.S.- Obra, District - Aurangabad.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Akhileshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 43.5 liters of liquor from the house of the petitioner, 42 liters of liquor from the house of Chotu Nut and 39 liters from the house of Santosh Nut.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, it is next submitted that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious

Patna High Court CR. MISC. No.39026 of 2022(2) dt.04-11-2022 2/2 possession, it is next submitted that even house is a joint family property as specifically stated at paragraph '7' as such, it cannot be alleged with certainty that it was petitioner who had kept the liquor in the house and the police in mechanical manner implicated the petitioner.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Obra P.S. Case No. 56 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T