Dinesh Tiwary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50560 of 2023 Arising Out of PS. Case No.-50 Year-2014 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== 1.
DINESH TIWARY SON OF LATE RAMASHISH TIWARI RESIDENT OF VILLAGE- SIKATIYA, PS- JAMO, DISTT- SIWAN 2.
SIPAHI RAI SON OF BACHA RAI RESIDENT OF VILLAGESIKATIYA, PS- JAMO, DISTT- SIWAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s :
Ms. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-08-2023
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 41(A) of the Bihar Excise Act.
3. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and allegation is of recovery of 1420 liters of liquor from the land of petitioner no. 1.
4. Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and they came to be
Patna High Court CR. MISC. No.50560 of 2023(2) dt.03-08-2023 2/2 implicated by the villagers, but then the FIR does not disclose the name of the person who disclosed the name of the petitioner, it is next submitted that it appears that someone inimical to the petitioner no. 1 planted the liquor on his land which is an open place and is accessible to public at large.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their 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 Excise P.S. Case No. 50 of 2014 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishabh/- U T