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Patna High CourtCR. MISC./86252/2024allowed

Triloki Rai @ Trilok Kumar v. The State Of Bihar

2024-12-20Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86252 of 2024 Arising Out of PS. Case No.-302 Year-2024 Thana- PARIHAR District- Sitamarhi ====================================================== Triloki Rai @ Trilok Kumar S/O Daya Nand Ray R/O Village- Baburwan, P.S- Parihar, Dist.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hans Lal Kumar, Adv.

For the Opposite Party/s :

Mr. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 20-12-2024 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 Parihar P.S. Case No. 302 of 2024 instituted for the offence under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that from a hut, beneath the ground, 178.5 liters of nepali country made 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 case. It is also submitted that the petitioner has handed over this

Patna High Court CR. MISC. No.86252 of 2024(2) dt.20-12-2024 2/2 hut to his labourer 30 years back. It is further submitted that the hut was in possession of his labourer namely, Dilawar Singh Yadav. He has got no concern with that hut and the alleged liquor. Petitioner is having no criminal antecedent.

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 Parihar P.S. Case No. 302 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 Excise, Court No. 1, Sitamarhi subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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