Satyam Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59356 of 2023 Arising Out of PS. Case No.-111 Year-2023 Thana- MANIGACHI District- Darbhanga ====================================================== Satyam Das. Aged about 29 years, Gender-Male, Son of Ram Sevak Das Resident of Village- Putai, PS- Manigachhi, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhimanyu Deo, Advocate For the State :

Mr. Nagendra Prasad, 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 Manigachhi P.S. Case No. 111 of 2023 dated 27.05.2023 instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 90 litres Nepali liquor from the house of co-accused Ramavtar Das, 45 litres Nepali liquor from the Scorpio vehicle of coaccused Santosh Mandal and 15 litres Nepali liquor from coaccused Ramda Devi.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. There is no recovery from the conscious possession of the

Patna High Court CR. MISC. No.59356 of 2023(2) dt.08-09-2023 2/2 petitioner and he has no concern with the seized liquor or the Scorpio vehicle or the house from where the illicit liquor was recovered. The petitioner has one criminal antecedent due to which he has been implicated in this case.

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 Special Judge Excise-II, Darbhanga in Manigachhi P.S. Case No. 111 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