Phuleshwar Sah @ Fuleshwar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.465 of 2021 Arising Out of PS. Case No.-418 Year-2019 Thana- BOCHAHAN District- Muzaffarpur ====================================================== PHULESHWAR SAH @ FULESHWAR SAH S/o Late Batahu Sah R/o village- Chaupar, P.S.- Bochaha, Distt.- Muzaffarpur ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-10-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner apprehends his arrest in connection with Bochaha P.S. Case No. 418 of 2019 corresponding to G.R. No. 2524 of 2019 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and 30(a)(d) of Bihar Prohibition and Excise Act, 2016.

68.115 litre foreign liquor was recovered from a tempo which was parked in front of house of the petitioner. Learned counsel for the petitioner submits that he has falsely been implicated in the present case. He has no concern

Patna High Court CR. MISC. No.465 of 2021(2) dt.27-10-2021 2/2 with the alleged recovery of liquor. The tempo is also not related with the petitioner. He further submits that nothing has been recovered from the possession of the petitioner. The learned Additional Public Prosecutor, however, opposed the prayer of bail.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within a period of six weeks from today, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in Bochaha P.S. Case No. 418 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Rajesh Kumar Verma, J) shahzad/- U T