Patna High CourtCR. MISC./49529/2022bail granted

Vishwanath Prasad @ Muski @ Viswanath Prasad Singh v. The State Of Bihar

2022-09-20Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49529 of 2022 Arising Out of PS. Case No.-868 Year-2021 Thana- SARAIYA District- Muzaffarpur ====================================================== VISHWANATH PRASAD @ MUSKI @ VISWANATH PRASAD SINGH S/o Paras Nath Singh Resident of Village and P.O. Rewa, P.S.- Saraiya, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273 and 34 of the Indian Penal Code read with Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 203.625 litres liquor from a place 250 meters away from the house of co-accused Nagendra Bhagat and Nandlal Kumar.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing

Patna High Court CR. MISC. No.49529 of 2022(2) dt.20-09-2022 2/2 was recovered from his conscious possession, it is also submitted that even the alleged place from where the recovery was made does not belong to the petitioner and his name transpired in the confessional statement of apprehended accused which has no evidentiary value.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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. 1,000/- (Rupees One 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 Saraiya P.S. Case No. 868 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T