Patna High CourtCR. MISC./79750/2024allowed

Surya Pratap Patel v. The State Of Bihar

2024-11-28Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79750 of 2024 Arising Out of PS. Case No.-154 Year-2024 Thana- DURAULI District- Siwan ====================================================== Surya Pratap Patel Son of Jaleshwar Patel Resident of Village- Balivankhar Pratappur, P.S.- SDVK Bajajbhat, Distt.- Deoria U.P. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 28-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Darauli P.S. Case no. 154 of 2024 instituted for the offence under Sections 30 (a) and 41 (i) of the Bihar Prohibition Excise Act, 2016.

3. The prosecution case is that altogether 4.250 liters of foreign liquor were recovered from a bike and two persons were also arrested.

4. Learned counsel for the petitioner has submitted that petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that though the petitioner is the owner of the bike, he has given the

Patna High Court CR. MISC. No.79750 of 2024(2) dt.28-11-2024 2/2 bike to one Tribhuvan Kumar for an urgent call. Further submission is that the petitioner is having no criminal antecedent.

5. Learned APP appearing for the State 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 Darauli P.S. Case no. 154 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 Exclusive Special Judge, Excise Court No. 1, Siwan, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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