Patna High CourtCR. MISC./77693/2023disposed

Jamuna Bind v. The State Of Bihar

2023-12-21Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77693 of 2023 Arising Out of PS. Case No.-290 Year-2023 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== JAMUNA BIND son of Ram Surat Bind Village- Sahebahe Ps- Chainpur Dist- Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dharmendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-12-2023 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 Chainpur P.S. Case No. 290 of 2023 dated 14.09.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 10 litres of illicit country made mahua liquor was recovered from the house of the petitioner. It is further alleged that the petitioner is indulged in illegal business of liquor.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. Nothing has been recovered from the possession of the

Patna High Court CR. MISC. No.77693 of 2023(2) dt.21-12-2023 2/2 petitioner and the petitioner has no concern with the alleged recovery. The petitioner has one criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner and submitted that the recovery has been made from the house of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the recovery has been made from the house of the petitioner, the prayer of anticipatory bail of the petitioner is disposed of with direction to the petitioner to surrender before the court below concerned within six weeks from today and pray for regular bail and the learned Court below shall consider the prayer for regular bail of the petitioner on the same day without being prejudiced by this order.

7. Accordingly, the present bail application stands disposed of.

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