Awadhesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63974 of 2023 Arising Out of PS. Case No.-1035 Year-2023 Thana- Excise P.S. District- Patna ====================================================== AWADHESH PRASAD S/O TILAKDHARI PRASAD RESIDENT OF PRIYADARSHNI NAGAR, ROAD NO. 13, PS. AGAMKUAN, DIST. PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nagendra Kumar, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 98.280 litres illicit liquor has been recovered from the tenanted house of the wife of the petitioner.

4. Learned counsel for the petitioner submits that no incriminating material has been recovered from the conscious possession of the petitioner. Petitioner is not the owner of the house in question and claims clean antecedent.

5. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that

Patna High Court CR. MISC. No.63974 of 2023(2) dt.16-10-2023 2/2 let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, Patna in connection with Excise P. S. Case No. 1035 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T