Prakash Upadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59676 of 2024 Arising Out of PS. Case No.-52 Year-2024 Thana- Excise P.S. District- Siwan ====================================================== Prakash Upadhyay S/o- Vinod Upadhyay Resident of Village - Melahani Patel More, P.S. - Darauli, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Siwan Excise P.S. Case No. 52 of 2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

Prosecution case in short is that 675 litres of illicit liquor was recovered from the Scorpio vehicle. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no knowledge and concern regarding the alleged recovery of

Patna High Court CR. MISC. No.59676 of 2024(2) dt.23-08-2024 2/2 liquor. The petitioner has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C. Other co-accused has been granted regular bail by this Court vide order dated 06-05-2024, passed in Cr. Misc. No. 34195 of 2024.

5.

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

Considering the rival submissions made by the learned counsel for the parties, let 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 Siwan Excise P.S. Case No. 52 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Rudra Prakash Mishra, J) Raj Kishore/- U T