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Patna High CourtCR. MISC./61979/2023allowed

Rudal Bind @ Rudal Ravat v. The State Of Bihar

2023-10-16Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61979 of 2023 Arising Out of PS. Case No.-265 Year-2023 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== Rudal Bind @ Rudal Ravat Son of Bhagwan Bind @ Bhuwar Bind R/o vill - Gaur Kathak, P.s. - G.B. Nagar, Distt. - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Shekhar, Advocate For the Opposite Party/s :

Mr. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with G.B. Nagar P.S. Case No. 265 of 2023 instituted under Sections 30(a)/34/30(D)/36 of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, total 60 litres of liquor has been recovered near the plinth house of Bhola Ansari.

4. Learned counsel for the petitioner submits that petitioner is innocent. He has falsely been implicated in this case. Petitioner has neither been arrested from the place of occurrence nor any recovery has been made from his possession. The alleged recovery is from the field. Petitioner has

Patna High Court CR. MISC. No.61979 of 2023(2) dt.16-10-2023 2/2 no concern with the seized liquor. Only on the instance of local Chaukidar, petitioner has been implicated in this case due to village politics and land dispute. Petitioner has one criminal antecedent in which he is on bail.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submission 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 connection with G.B. Nagar P.S. Case No. 265 of 2023, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) rakhi/- U T