Mahavir Sao @ Mahaveer Saw v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45260 of 2024 Arising Out of PS. Case No.-636 Year-2022 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Mahavir Sao @ Mahaveer Saw Son Of Kailash Saw Village- Lalchandnagar, P.S.- Nagar, Dist- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Town P.S. Case No. 636 of 2022, instituted under Section 30(a) of the Bihar Prohibition & Excise Act.
3. As per the prosecution case, 26.64 litres country made liquor has been recovered from the semi constructed house situated at Southern side of the house of petitioner.
4. Learned counsel for the petitioner submits that the petitioner, who is aged about 73 years, is innocent and has falsely been implicated in this case only on the basis of suspicion and disclosure statement of the co-accused, namely, Sanjeet Kumar. The place from where the seized liquor was
Patna High Court CR. MISC. No.45260 of 2024(2) dt.24-07-2024 2/2 recovered does not belong to the petitioner. Petitioner has one criminal antecedent in which he is on bail. He undertakes to cooperate in the investigation.
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 Town P.S. Case No. 636 of 2022, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) rakhi/- U T