Rodhan Kanu @ Rodhan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54861 of 2023 Arising Out of PS. Case No.-97 Year-2023 Thana- TARARI District- Bhojpur ====================================================== RODHAN KANU @ RODHAN SAH, Male, aged about 29 years, SON OF LATE KAPIL KANU R/O VILLAGE- KARATH, P.S.- TARARI, DISTRICTBHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar, Advocate For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 23-08-2023

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

2. The petitioner apprehends his arrest in connection with Tarari P.S. Case No. 97 of 2023 dated 08.06.2023 registered for the offence(s) punishable under Section(s) 30(a) of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by the learned counsel for the petitioner are that petitioner has fair and clean antecedent and the instant matter relates to the recovery of 4.50 litres of illicit liquor and the same is stated to have been recovered in front of the house of this petitioner which is an open place, petitioner has been dragged in this case mainly on suspicion and the alleged offence of the FIR does not attract against him.

4. Learned APP appearing for the State has opposed the bail prayer.

Patna High Court CR. MISC. No.54861 of 2023(2) dt.23-08-2023 2/2

5. Heard both the sides and perused the FIR and the seizure memo. As per seizure memo, the alleged liquor was recovered in front of the house of this petitioner and it is not mentioned in the said memo that the said place was in the possession of this petitioner and as per FIR, when the petitioner's house was raided, no family member of the petitioner was found present and petitioner has fair and clean antecedent. In the light of these circumstances appearing from the FIR and seizure memo, the alleged offence of FIR does not prima facie attract against this petitioner hence, in my opinion, petitioner deserves to the privilege of anticipatory bail.

Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Tarari P.S. Case No. 97 of 2023 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Shailendra Singh, J) Sanjay/- U T