Patna High CourtCR. MISC./47430/2023bail granted

Chhotelal Patel v. The State Of Bihar

2023-08-11Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47430 of 2023 Arising Out of PS. Case No.-245 Year-2023 Thana- MUFFASIL District- West Champaran ====================================================== Chhotelal Patel S/O Late Harihar Patel R/O Village- Nauka Tola, Dusaiya, P.S- Banuchhapar O.P., Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 11-08-2023 Heard Mr. Sanjeev Kumar, learned counsel appearing on behalf of the petitioner and Mr. Bhanu Pratap Singh, learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Bettiah Mufassil (Banuchhapur O.P.) P.S. Case No. 245 of 2023 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the allegation made in the F.I.R., 5 litres of country made liquor has been recovered Mango orchard near Belwaria Village.

4. Learned counsel appearing on behalf of the petitioner submits that the alleged recovery is made from Mango orchard near Belwaria Village which does not belong to the petitioner. Learned counsel further submits that one more

Patna High Court CR. MISC. No.47430 of 2023(2) dt.11-08-2023 2/3 case of similar nature is pending against the petitioner in which he has already been released on bail.

5. Learned APP appearing on behalf of the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the nature of allegation as well as quantity of recovered liquor which is only 5 litres from Mango orchard near Belwaria Village which does not belong to the petitioner, I am of the opinion that petitioner has made out a, prima facie, case to be released on anticipatory bail.

7. Court below is directed to release the petitioner on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned Exclusive Special Judge, Excise, Bettiah, West Champaran in connection with Bettiah Mufassil (Banuchhapur O.P.) P.S. Case No. 245 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

8. The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will

Patna High Court CR. MISC. No.47430 of 2023(2) dt.11-08-2023 3/3 automatically lose its force.

(Purnendu Singh, J) Minu/- U T