Ashok Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51449 of 2023 Arising Out of PS. Case No.-53 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai ====================================================== ASHOK BIND SON OF RAJIV BIND @ RAJU BIND @ RAJAJO BIND R/O-JANKIDIH, BELDARIYA, P.S.-CHANAN, DISTT.-LAKHISARAI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar, Advocate For the Opposite Party/s :
Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30 (a), 32, 41, 56 (a) of the Bihar Prohibition and Excise (Amendment) Act.
Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 40 liters of country made liquor from Negri Hill and 100 kg of raw Mahua which was destroyed at the spot. Learned 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 came to be
Patna High Court CR. MISC. No.51449 of 2023(2) dt.08-08-2023 2/2 implicated by independent witnesses, but then the name of the witness is not disclose in the FIR, it is further submitted that it appears that the police because of his antecedent got him implicated.
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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount to the satisfaction of the learned Additional District and Sessions Judge-V-Cum Special Excise Court- IInd, Lakhisarai, where the case is pending/successor court in connection with Excise P.S. Case No. 53C2 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Jyoti/Rishabh U T