Uday Prajapati @ Uday Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51480 of 2022 Arising Out of PS. Case No.-214 Year-2022 Thana- BAHADURPUR District- Patna ====================================================== UDAY PRAJAPATI @ UDAY KUMAR Son of Vijay Prajapati R/V- Dugul, P.S- Kasma Dist- Aurangabad, At present renter of Lalmohan, Ramkrishna Colony , P.S- Bahadurpur, Dist- patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under 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 30 litres liquor from petitioner's room, 5.670 litres liquor from a bag in possession of Arvind Kumar, 30 litres mahua liquor from a sack kept on a cart and 30 litres liquor from a bamboo hut in front of Gangajal Hospital. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing

Patna High Court CR. MISC. No.51480 of 2022(2) dt.30-09-2022 2/2 was recovered from his conscious possession and he has been falsely implicated in the present case, it is next submitted that the room from where the alleged recovery was made is a rented room and the petitioner does not stay in the room, it is also submitted that in the rented room his brother-in-law Arvind Kumar was staying.

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 Bahadurpur P.S. Case No. 214 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T