Mohan Bhagat @ Mohan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58639 of 2022 Arising Out of PS. Case No.-247 Year-2022 Thana- GORAUL District- Vaishali ====================================================== MOHAN BHAGAT @ MOHAN KUMAR S/O MAHENDRA BHAGAT Resident of village- Chapaith, P.S.- Goraul (Kathara O.P.), District- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s :
Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
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 has antecedent of one case and allegation is of recovery of 68.970 litres liquor from a field behind the house of Mohan Rai.
Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is further submitted that even the alleged recovery is from a place which does not belong to the petitioner and he came to be implicated at
Patna High Court CR. MISC. No.58639 of 2022(2) dt.09-11-2022 2/2 the behest of the chowkidar with whom he is on an inimical term.
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. 10,000/- (Rupees Ten 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 Goraul (Kathara O.P.) P.S. Case No. 247 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishi/- U T