Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71899 of 2024 Arising Out of PS. Case No.-136 Year-2024 Thana- KATRA District- Muzaffarpur ====================================================== Arun Kumar S/O Ram Ekbal Chaupal R/O Village- Changel, P.S- Katra ( Jajuar O.P.), Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Bela Singh, Advocate For the Opposite Party/s :

Mrs. Asha Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Katra P. S. Case No. 136 of 2024 dated 07-08-2024 instituted for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The allegation is of recovery of total 261 litres of illicit country made foreign liquor from the bush beside the road near the house of Dahaur Miya in village Katai.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that nothing has been recovered either from conscious possession of the petitioner or from the house of the petitioner. The name of the petitioner has been

Patna High Court CR. MISC. No.71899 of 2024(2) dt.23-10-2024 2/3 dragged in the instant case only on the basis of secret information of local choukidar. The seizure has been made from an open place, which is accessible to all. It is next submitted that the seizure list was prepared in which one of the seizure witnesses, namely, Md. Afraz has put his signature on the seizure list. The said Afraz has an inimical term with the petitioner. It is submitted that petitioner instituted a case bearing Katra PS Case No. 387 of 2022, dated 21-10-2022 under Sections 302, 201, 120B, 279 and 34 of the Indian Penal Code against Md. Nawab @ Guddu and others, including choukidar, namely, Md. Afraz for murder of his mother, namely Pavitri Devi. Lastly, it has been submitted that petitioner has one criminal case against him of the same nature.

5. Learned APP has opposed the prayer for anticipatory bail.

6. Having considered 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 Exclusive Special Judge, Excise Court No. III, Muzaffarpur, in

Patna High Court CR. MISC. No.71899 of 2024(2) dt.23-10-2024 3/3 Katra P. S. Case No. 136 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

7. The application stands allowed.

(Khatim Reza, J) shyambihari/- U T