Bhawani Singh @ Rajesh @ Rajesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49192 of 2023 Arising Out of PS. Case No.-79 Year-2023 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== BHAWANI SINGH @ RAJESH @ RAJESH SINGH SON OF BHOLA SINGH RESIDENT OF VILLAGE - MANJHAUL, KHUTAN TOLA, P.S. - CHERIA BARIYARPUR (MANJHAUL O.P.), DISTRICT - BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rajendra Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-07-2023

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 offence punishable under Section 30(a) 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 10 litres of liquor from an orchard.

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 at the instance of the Chawkidar with whom he is on an inimical term. It is further submitted that petitioner is not the

Patna High Court CR. MISC. No.49192 of 2023(2) dt.31-07-2023 2/2 owner of the alleged orchard.

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 Cheria Bariyarpur (Manjhaul) P.S. Case No. 79 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T