Sonu Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76699 of 2023 Arising Out of PS. Case No.-193 Year-2023 Thana- GORIAKOTHI District- Siwan ====================================================== Sonu Tiwari, aged about 28 years, Gender- Male, Son of Ramyekbal Tiwari @ Ram Ekbal Tiwari, R/o village- Hulash Chhapara, P.S. - Goreyakothi, Distt. - 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. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with Goreyakothi PS Case No.193 of 2023 dated 03.07.2023, instituted under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The allegation is of recovery of 23.200 litres foreign liquor from the road situated in front of Chatti Maiya temple allegedly thrown by the petitioner and others.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has been falsely implicated in this case. It is submitted that nothing has been recovered from conscious possession of the petitioner. Petitioner has been
Patna High Court CR. MISC. No.76699 of 2023(2) dt.29-11-2023 2/2 named on the basis of disclosure made by the local chaukidaar. Lastly, it is submitted that petitioner has no criminal antecedents.
5. Learned APP has opposed the prayer for 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 Excise Court No.1, Siwan, in Goreyakothi PS Case No.193 of 2023, 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) J. Alam/- U T