Arvind Kumar Bind @ Arvind Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50031 of 2024 Arising Out of PS. Case No.-155 Year-2024 Thana- DURAULI District- Siwan ====================================================== Arvind Kumar Bind @ Arvind Bind Son of Sakul Bind @ Shukul Vind R/o Village- Don Bujurg, P.S.- Darauli, Dist.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 22-08-2024

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

2. The petitioner is apprehending his arrest in connection with Darauli P.S. Case No. 155 of 2024 registered for the offences punishable under Sections 30(a) and 36 of the Bihar Prohibition and Excise Act, 2016 Amendment Act 2022.

3. As per prosecution case, there is alleged recovery of total 132 litre country made liquor from the house of the petitioner. Local chowkidar and people disclosed the name of the petitioner who fled away from the spot.

4. Learned counsel for the petitioner submits

Patna High Court CR. MISC. No.50031 of 2024(2) dt.22-08-2024 2/3 that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner bears no criminal antecedent. Seizure list has not been prepared as per law and raiding party is member of the seizure list. He further submits that petitioner is not found at the place of occurrence and he has nothing to do with the alleged occurrence. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel orally submits that alleged recovery place is joint house and petitioner cannot be held liable for the same.

5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.50031 of 2024(2) dt.22-08-2024 3/3 learned Exclusive Special Judge Excise Court No. 1, Siwan in connection with Darauli P.S. Case No. 155 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Alok Kumar Pandey, J) vashudha/- U T