Patna High CourtCR. MISC./59005/2023disposed

Satyanarayan Sada v. The State Of Bihar

2023-09-22Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59005 of 2023 Arising Out of PS. Case No.-168 Year-2023 Thana- CHHATAPUR District- Supaul ====================================================== SATYANARAYAN SADA Son of Late Fudan Sada RESIDENT OF BHAGWANPUR WARD NO 11 PS - CHHATAPUR DIST SUPAUL ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Veena Kumari Jaiswal For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-09-2023

1. Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The Petitioner is apprehending his arrest in a case in connection with Chhatapur P. S. Case No. 168 of 2023 dated 26.05.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 50 litres of desi chulai sharaab was recovered from the house of the petitioner.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The

Patna High Court CR. MISC. No.59005 of 2023(2) dt.22-09-2023 2/2 petitioner has no concern with the alleged recovery. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts and circumstances as well as the material available on record against the petitioner, I am of the view that no case for grant of anticipatory bail is made out and the same is rejected with direction to the petitioner to surrender before the Court below concerned within six weeks from the date of this order and the prayer for regular bail, the learned court below will consider his prayer for regular bail in accordance with law without being prejudiced by this order.

8. The application stands rejected.

(Chandra Prakash Singh, J) Alok Verma/- U T