Patna High CourtCR. MISC./81915/2023disposed

Santosh Kumar @ Satrudhan Yadav @ Satrudhan Kumar Yadav v. The State Of Bihar

2024-01-12Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81915 of 2023 Arising Out of PS. Case No.-829 Year-2023 Thana- ARA NAGAR District- Bhojpur ====================================================== Santosh Kumar @ Satrudhan Yadav @ Satrudhan Kumar Yadav Son Of Muna Yadav R/O Village- Moti Tola Ara, P.S.- Ara Nagar, Dist.- Bhojpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhat Kumar Singh Mrs. Priya, Advocate For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Ara Nagar P.S. Case No. 829 of 2023 dated 07.10.2023 for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 3.75 litres of illicit foreign liquor was recovered from the house of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel has further submitted that the

Patna High Court CR. MISC. No.81915 of 2023(2) dt.12-01-2024 2/2 petitioner has no concern with the alleged recovery. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner and submitted that the recovery has been made from the house of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the prayer of anticipatory bail of the petitioner is disposed of with direction to the petitioner to surrender before the court below concerned within six weeks from today and pray for regular bail and the learned Court below shall consider the prayer for regular bail of the petitioner on the same day without being prejudiced by this order. (Chandra Prakash Singh, J) Gautam/- U T