Satyendra Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79934 of 2024 Arising Out of PS. Case No.-681 Year-2024 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== Satyendra Tiwari S/o Awdesh Tiwari @ Kripashankar Tiwari R/o VillageSathari, P.S.- Sonhan, District- Kaimur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Aquaib Khan, Adv.

For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-12-2024 Heard learned counsel for the petitioner and Ms. Shaheen Begum, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Prohibition and Excise (Bhabhua) P.S. Case no. 681 of 2024 instituted for the offence under Sections 30(a), 32(1) & (3), 41(1) & (2) of the Bihar Prohibition and Excise Act, 2018.

3. The case of the prosecution is that below the driver seat of tempo altogether 1.875 liters of foreign liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this

Patna High Court CR. MISC. No.79934 of 2024(2) dt.05-12-2024 2/2 case. It has been submitted by the learned counsel for the petitioner that petitioner was only a passenger on that tempo. Nothing has been recovered from his possession A statement has been made in para-3 of this petition that the petitioner has got criminal antecedents.

5. In contra, learned APP appearing for the State has opposed 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 Prohibition and Excise (Bhabhua) P.S. Case no. 681 of 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 Special Judge, Excise-II, Kaimur, Bhabhua subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) Suruchi/- U T