Patna High CourtCR. MISC./51430/2023bail granted

Awadhesh Kumar v. The State Of Bihar

2023-08-08Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51430 of 2023 Arising Out of PS. Case No.-74 Year-2023 Thana- MAHINDWARA District- Sitamarhi ====================================================== Awadhesh Kumar Son Of Rajkishore Rai @ Rajkishor Yadav R/O-Olipur, Sarhanchia, P.S.-MAHINDRAWARA, Distt.-SITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agarwal, Sr. Advocate Mr. Kumar Rajdeep, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-08-2023

1. Heard learned Senior counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Mahindwara P.S. Case No.74 of 2023 registered for the offences punishable under Sections 30(a), 32(i)(ii), 36 and 41(i) (ii) of the Bihar Excise Act.

3. Learned Senior counsel for the petitioner submits that the petitioner has antecedent of three cases and allegation is of recovery of 435.24 liters of liquor from a Scorpio vehicle parked in front of Basant General Shop.

4. Learned Senior counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and he

Patna High Court CR. MISC. No.51430 of 2023(2) dt.08-08-2023 2/2 came to be implicated at the instance of Chowkidar with whom he is on inimical term, it is further submitted that petitioner is not the owner of the seized vehicle.

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

6. Considering the submissions made by the learned Senior counsel for the petitioner, 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 bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount to the satisfaction of the learned court below where the case is pending/successor court in connection with Mahindwara P.S. Case No.74 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) jyoti/RishabhU T