Patna High CourtCR. MISC./55488/2023bail granted

Kari Sardar v. The State Of Bihar

2023-08-25Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55488 of 2023 Arising Out of PS. Case No.-41 Year-2023 Thana- PRATAPGANJ District- Supaul ====================================================== KARI SARDAR S/O PANCHU SARDAR R/O SHRIPUR, WARD NO. 12, P.S- PRATAPGANJ, DISTT.- SUPAUL.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-08-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Pratapganj P.S. Case no. 41 of 2023, registered under section 30(a) of Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, it is stated that on seeing police personnel, the accused threw the containers that he was carrying and escaped. The containers were recovered and a total of 30 litres of country liquor was found in the same. It is further stated that the villagers, who had gathered, disclosed that the accused who escaped was the petitioner herein.

4. Learned counsel for the petitioner submits that neither the petitioner was arrested at the spot nor any incriminating article recovered from his possession. He has been

Patna High Court CR. MISC. No.55488 of 2023(2) dt.25-08-2023 2/2 falsely implicated in the case. He has no criminal antecedent.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation in the F.I.R., the petitioner not having been arrested at the spot nor any incriminating article having been recovered from his possession, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Pratapganj P.S. Case no. 41 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned In-charge Exclusive Special Judge Excise, Court no.2, Supaul.

(Partha Sarthy, J) Shiv/- U T