Bira Nut @ Bira Nat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83255 of 2024 Arising Out of PS. Case No.-336 Year-2024 Thana- TARAIYA District- Saran ====================================================== Bira Nut @ Bira Nat Son of Balak Nat Village- Rampur Mahesh, P.S.- Taraiya, Dist.- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akash Ambuj For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 12-12-2024 Heard learned counsel for the petitioner and Mr. Dr. Kumar Uday Pratap, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Taraiya P.S. Case No. 336/2024, registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that altogether 10 liter of country made liquor was recovered besides the house of the informant. No one was apprehended. The name of this petitioner has surfaced on the basis of secret information received by the police.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.83255 of 2024(2) dt.12-12-2024 2/3 committed no offence. He has falsely been implicated in this case. The learned counsel of the petitioner submitted that nothing has been recovered from his possession of this petitioner and he has got no concern the alleged seizure. Petitioner is having criminal antecedent of two cases are similar nature.

5. In contra, learned APP appearing for the State opposes the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Taraiya P.S. Case No. 336/2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge, Saran at Chapra, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

7. This application stands allowed with the

Patna High Court CR. MISC. No.83255 of 2024(2) dt.12-12-2024 3/3 condition that the petitioner shall not indulgence into same kind of nature in future.

(Ashok Kumar Pandey, J) krishnakant/- U T