Om Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43601 of 2022 Arising Out of PS. Case No.-46 Year-2020 Thana- HISUWA District- Nawada ====================================================== OM PRAKASH S/O PANKAJ KUMAR R/o Village- Katihar, P.S.Hisua, District- Nawad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Hisua P.S. Case no. 46 of 2020 instituted for the offence under Section 30(a) of the Bihar Prohibition of Excise Act. Prosecution case relates to recovery of 22.5 litres of IMFL in an unclaimed parcel packet lying in front of the house of Bharat Vishwakarma and on query, chowkidar and villagers have named the petitioner as he is involved in business of illicit liquor. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery or with the place of occurrence. Petitioner is not named in the FIR. During investigation, the name of the petitioner

Patna High Court CR. MISC. No.43601 of 2022(2) dt.04-11-2022 2/2 has been disclosed in this case by the local villagers before the police, which has got no evidentiary value in the eye of law. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Hisua P.S. Case no. 46 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-1st, Nawada subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U