Surendra Sao @ Suremdra Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48237 of 2023 Arising Out of PS. Case No.-218 Year-2023 Thana- MADANPUR District- Aurangabad ====================================================== SURENDRA SAO @ SURENDRA SAW SON OF RAMGULAMAN SAW @ GULAMAN SAW RESIDENT OF VILLAGE AND P.S. - SALAIYA, DISTRICT - AURANGABAD (BIHAR) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Aman Vishal, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-07-2023

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 offences punishable under Sections 30(a), 34 and 36 of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. Learned counsel for the petitioner submits that petitioner has antecedent of three cases.

4. Allegation is of recovery of 525 litres of liquor from a Scorpio vehicle.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated based on the secret information which is the easiest way to implicate someone. It is further submitted that it appears that the police in order to save the real culprits falsely implicated

Patna High Court CR. MISC. No.48237 of 2023(2) dt.28-07-2023 2/2 the petitioner because of his antecedent and he is not the owner of the seized vehicle.

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.15,000/- (Rupees Fifteen 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 Madanpur P.S. Case No. 218 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

8. Learned counsel for the petitioner seeks permission to make necessary correction in the alias name of the petitioner in course of the day.

9. Permission is accorded.

(Satyavrat Verma, J) Kundan/- U T