Amarnath Tiwari @ Chhotu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59337 of 2023 Arising Out of PS. Case No.-224 Year-2023 Thana- KALYANPUR District- East Champaran ====================================================== Amarnath Tiwari @ Chhotu, S/o Jagat Tiwari (Present Ward Member), R/o Village- Chainpur, P.S. Kalyanpur, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Kalyanpur P.S. Case No. 224 of 2023 instituted under Sections 30 (a) and 41(i) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 138.240 litres of illicit foreign liquor was recovered from the half constructed house of co-accused Satendra Singh.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to one criminal antecedent. Petitioner has neither concern with the said recovered liquor nor the house belongs to the petitioner from which recovery has been made. Petitioner has no criminal antecedent and his name has
Patna High Court CR. MISC. No.59337 of 2023(2) dt.08-09-2023 2/2 been implicated in this case due to village politics.
5. Learned A.P.P. for the State opposes 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 be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount to each to the satisfaction of the learned Exclusive Special Excise Judge, Court No. 01, East Champaran, Motihari in connection with Kalyanpur P.S. Case No. 224 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) khushbu/- U T