Chital Kumar @ Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84906 of 2023 Arising Out of PS. Case No.-187 Year-2023 Thana- AWTARNAGAR District- Saran ====================================================== Chital Kumar @ Rajesh Kumar Son Of Umesh Rai Resident Of MohallaBalua, Ps- Doriganj, Distt- Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jeetendra Narayan, Advocate For the Opposite Party/s :

Mr. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-02-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The learned counsel for the petitioner submits that petitioner has antecedent of three cases and allegation is of recovery of 50 liters of liquor from the road.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which is accessible to public at large and he came to be implicated at the instance of local villager, but then the name of the local villager who disclosed the name of the petitioner is not disclosed in the FIR, which cast an aspersion on the case of the prosecution. It is

Patna High Court CR. MISC. No.84906 of 2023(3) dt.21-02-2024 2/2 also submitted that it appears that the police falsely implicated the petitioner because of his antecedent.

5. The learned APP opposes the anticipatory bail application.

6. 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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.15000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Awatar Nagar P.S. Case No.187 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T