Surendar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9006 of 2021 Arising Out of PS. Case No.-467 Year-2020 Thana- KANKARBAG District- Patna ====================================================== Surendar Prasad, aged about 36 years, Gender-Male, Son of Sri Bishwanath Prasad, Resident of Village R.M.S. Colony, Opposite - J-176, P.S. - Kankarbagh, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N. K. Agrwal, Sr. Advocate Mr. Manaur Alam, Advocate Mr. Vijay Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in connection with Kankarbagh P.S. Case No. 467 of 2020 dated 29.06.2020 instituted for offence punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, there is recovery of 9 litres 775 ml foreign liquor and two motor-cycles seized from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has

Patna High Court CR. MISC. No.9006 of 2021(6) dt.30-08-2023 2/2 been falsely implicated in this case. Nothing incriminating articles has been recovered from the conscious possession of the petitioner. At the time of raid petitioner was not present at his house and he has no concern with the alleged foreign liquor or seized motorcycle. The petitioner has no criminal antecedent.

5. Learned APP opposed the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner above named be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Patna in connection with Kankarbagh P.S. Case No. 467 of 2020, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Anand Kr.

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