Teni Nut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88390 of 2024 Arising Out of PS. Case No.-336 Year-2024 Thana- TARAIYA District- Saran ====================================================== Teni Nut Son of Fuden Nat @ Fulena Nat Resident of village - Rampur Mahesh, Police Station - Taraiya, District - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 20-12-2024 Heard Mr. Narendra Kumar, learned counsel for the petitioner and Mr. Syed Ehteshamuddin, 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 of 2024 instituted for the offence under Section 30(a) of Bihar Prohibition and Excise Act.

3. The case of the prosecution is that altogether 10 liters of country made liquor was recovered beside the house of the petitioner.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. No one was apprehended on the spot. Nothing has been recovered from the possession of the petitioner.

Patna High Court CR. MISC. No.88390 of 2024(2) dt.20-12-2024 2/2 He has no concern with the alleged liquor. Similarly situated other co-accused person has already been granted bail by this Court vide order dated 12.12.2024 in Cr. Misc. No. 83255 of 2024.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner and submitted that petitioner has criminal antecedent in three cases.

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 with a condition that he will not indulge in similar nature of case in future. 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 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 3rd Exclusive Special Excise Judge, Saran at Chapra subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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