Arjun Ghatwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77481 of 2024 Arising Out of PS. Case No.-19 Year-2024 Thana- SIRDALA District- Nawada ====================================================== Arjun Ghatwar Son of Puran Ghatwar Resident of Village- Jamundaha, P.S. - Rajauli, District- Nawada, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Man Mohan Kumar, Advocate For the Opposite Party/s :

Mr.Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 19-04-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Sirdala P.S. Case no.19 of 2024 registered under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, 95 liters of country made liquor was recovered from a motorcycle bearing Registration No. BR27T6102.

5. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The petitioner is not named in the F.I.R and cause of his false implication is only for the reason that he happens to be the registered owner of the seized motorcycle. No recovery has been made from the conscious possession of the petitioner. He further submits that

Patna High Court CR. MISC. No.77481 of 2024(9) dt.19-04-2025 2/2 the petitioner had given the motorcycle in question to his friend Tahal Singh who was using the same and the petitioner had no knowledge regarding the illegal activity of his friend. The petitioner has no criminal antecedent and undertakes to cooperate in the investigation/trial.

6. The application for anticipatory bail is opposed by learned A.P.P. for the State.

7. In view of the facts of the case that the petitioner has no criminal antecedent as also no recovery has been made from physical or conscious possession from him, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Sirdala P.S. Case no.19 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise, Court No. 1, Nawada, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.

(Soni Shrivastava, J) Harsh/- U T