Patna High CourtCR. MISC./73172/2023bail granted

Rahul Tiwari v. The State Of Bihar

2024-02-20Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73172 of 2023 Arising Out of PS. Case No.-684 Year-2022 Thana- DEHRI TOWN District- Rohtas ====================================================== RAHUL TIWARI S/o- NAND KISHOR TIWARI Village- Bhaluari PsIndrapuri Dist- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deovind Kumar Singh For the Opposite Party/s :

Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-02-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Dehri Town (Indrapuri O.P.) P.S. Case No.684/2022, registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

3. Learned counsel for the petitioner submits that petitioner has antecedent of two cases and allegation is of recovery of 60 litres of liquor from a place near a canal. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated at the instance of local villagers but then the name of local villagers is not disclosed in the F.I.R., who disclosed the name of the petitioner which casts an

Patna High Court CR. MISC. No.73172 of 2023(3) dt.20-02-2024 2/2 aspersion on the case of prosecution, for the reason that if the local villagers were aware that the petitioner had concealed the liquor near the canal then why he did not inform the police earlier.

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

5. 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 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 Exclusive Special Judge, Excise-1, Rohtas at Sasaram in connection with Dehri Town (Indrapuri O.P.) P.S. Case No.684/2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) amit/- U T