Prakash Chandra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62514 of 2022 Arising Out of PS. Case No.-141 Year-2022 Thana- KHAGAUL District- Patna ====================================================== PRAKASH CHANDRA S/o Late Bhola Prasad R/o -M-10/63, AR1, Japyees Nagar, Kakarmatta, Bajardiha, P.S.- Bhelupur, Distt- Varanasi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 57.5 litres of liquor from a Maruti Suzuki Swift Dezire Car. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that petitioner is a resident of Uttar Pradesh and has a valid liquor license, as would be evident from Annexure-2 to the anticipatory bail application, it is also submitted that petitioner being a shopkeeper of liquor came to be implicated as it was disclosed by

Patna High Court CR. MISC. No.62514 of 2022(2) dt.25-11-2022 2/2 the apprehended accused that they had purchased the liquor from the petitioner. The learned counsel for the petitioner further submits that selling and consuming liquor is an offence in the State of Bihar, but is not an offence in the adjacent State, this shows how police in Bihar in a mechanical manner institutes FIR and falsely implicates innocent person when admittedly petitioner has a license granted by the Government of Uttar Pradesh for selling liquor.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court 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 to the satisfaction of the learned trial court where the case is pending/successor court in connection with Khagaul P.S. Case No. 141 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Shivam/- U T