Prabhat Shukla @ Prabhat Ranjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54962 of 2023 Arising Out of PS. Case No.-196 Year-2023 Thana- KARJA District- Muzaffarpur ====================================================== PRABHAT SHUKLA @ PRABHAT RANJAN S/O- AWADHESH SHUKLA R/O- VILLAGE- BORBARA, P.S.- KARJA, DIST- MUZAFFARPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR, PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Birendra Kumar, Adv.

For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-08-2023 Heard Mr. Birendra Kumar, learned counsel for the petitioner and Mr. Rana Randhir Singh, learned Additional Public Prosecutor for the State.

2. Petitioner apprehends his arrest in connection with Karja PS Case No. 196/2023 dated 13.06.2023 registered for the offence punishable under Sections 30(a) of Bihar Prohibition & Excise Act 2016 & 2018.

3. The police recovered 9.5 litres of beer/illicit liquor from behind the house of petitioner.

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case on the basis of statement made by the co-villagers. Learned counsel further submits that no illicit liquor has been recovered from the conscious possession of the petitioner nor from the premises

Patna High Court CR. MISC. No.54962 of 2023(2) dt.23-08-2023 2/2 belonging to the petitioner inasmuch as from the perusal of the FIR, it would be evident that said illicit liquor/beer has been recovered from behind the house of the petitioner which is an open place accessible to all and sundry.

5. Having regards to the submissions made by the parties and taking into consideration the material on record and the fact that no illicit liquor has been recovered from the conscious possession of the petitioner and his name has been disclosed by the co-villagers of the petitioner, I am inclined to grant anticipatory bail to the petitioner.

6. Accordingly, let the petitioner, PRABHAT SHUKLA @ PRABHAT RANJAN be released on anticipatory bail in the event of arrest or surrender within six weeks from today on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court-II, Muzaffarpur in connection with Karja PS Case No. 196 of 2023, subject to the condition as laid down under Section 438(2) of the CrPC. (Anil Kumar Sinha, J) perwez U T