Chhotelal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52333 of 2024 Arising Out of PS. Case No.-79 Year-2024 Thana- MAIRWAN District- Siwan ====================================================== Chhotelal Son Of Suryanath Yadav R/O- Lawarchhi, P.S.- Bankatta, Distt.- Deoria, U.P.

... ... 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 :

Mrs. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in Mairwa P.S. Case No. 79 of 2024, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 340.920 liters liquor was recovered from pick-up vehicle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no knowledge and concern with the alleged recovery of liquor. Learned counsel for the petitioner also submits that the name of the petitioner has transpired as being owner of the vehicle in

Patna High Court CR. MISC. No.52333 of 2024(2) dt.20-07-2024 2/2 question and he has no knowledge regarding the goods booked by the transporter/goods kept in the vehicle. The petitioner was not present at the place of occurrence. The petitioner has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 27.06.2024 passed in Cr. Misc. No. 45109 of 2024. There is no compliance of Section 100 of Cr.P.C.

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

6. Considering the aforesaid facts and circumstances, let the petitioner, above named in the event of arrest/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. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mairwa P.S. Case No. 79 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Rajorshi/- U T