Patna High CourtCR. MISC./45344/2023bail granted

Lav Rajwanshi @ Lav Kumar v. The State Of Bihar

2023-07-20Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45344 of 2023 Arising Out of PS. Case No.-225 Year-2023 Thana- RAJGIR District- Nalanda ====================================================== LAV RAJWANSHI @ LAV KUMAR S/O LAKHO RAJWANSHI R/O Village- Nonhi, P.S- Rajgir, Distt.- Nalanda. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sudish Kumar, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-07-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

4. Allegation is of recovery of 60 litres of liquor from a place near the toddy tree and 5 litres of liquor from a place beside the house of Pramila Devi.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that even the alleged recovery is from a place which does not belong to the petitioner and he came to be implicated at the

Patna High Court CR. MISC. No.45344 of 2023(2) dt.20-07-2023 2/2 instance of the local people but the FIR does not mention the name of the person who disclosed the name of the petitioner which castes as aspersion on the case of the prosecution.

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

7. 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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Rajgir P.S. Case No. 225 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T