Dinesh Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56840 of 2023 Arising Out of PS. Case No.-258 Year-2023 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== Dinesh Bind, Male, aged about 43 years, Son of Sudama Bind, Resident of Village- Gaur Kathak, PS. G.B. Nagar, District- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandra Shekhar, Advocate For the State :
Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with G.B. Nagar P.S. Case No. 258 of 2023 dated 08.07.2023 instituted under Sections 30(a), 34, 36 and 30(D) of the Bihar Prohibition and Excise Act, 2016.
3. As per the prosecution case, 30 liters of country made liquor was recovered from the joint family house of the petitioner and co-accused Rajesh Bind.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating material has been recovered from the conscious possession of the petitioner and the said recovery
Patna High Court CR. MISC. No.56840 of 2023(2) dt.29-08-2023 2/2 is done from the joint family house and the petitioner is not concerned with the said recovered liquor. The petitioner has no criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
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 each to the satisfaction of the learned Exclusive Special Excise Court No. 1, Siwan in G.B. Nagar P.S. Case No. 258 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) P. Kumar U T