Pravindra Patel @ Pravindra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73676 of 2023 Arising Out of PS. Case No.-311 Year-2022 Thana- SISWAN District- Siwan ====================================================== PRAVINDRA PATEL @ PRAVINDRA SINGH son of Shiv Ji Patel VillageGhurghar Ps- Siswan Dist- 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.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Siswan P.S. Case No. 311 of 2022 dated 09.12.2022 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 30 litres of country made liquor was recovered from a plastic bag on the road which was thrown by the petitioner and the co-accused person.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The name of the petitioner was disclosed by local chowkidar. Nothing has been recovered from the possession of the

Patna High Court CR. MISC. No.73676 of 2023(2) dt.29-11-2023 2/2 petitioner rather the recovery has been made from an open place. It is further submitted that the petitioner has no concern with the alleged recovery. The co-accused person has already been granted bail by the Coordinate Bench of this court vide order dated 01.11.2023 passed in Cr. Misc. No. 70401 of 2023. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Siwan in connection with Siswan P.S. Case No. 311 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T