Patna High CourtCR. MISC./2873/2024bail granted

Shyam Bhagat @ Shyam Kumar Bhagat v. The State Of Bihar

2024-02-05Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2873 of 2024 Arising Out of PS. Case No.-747 Year-2019 Thana- ARARIA District- Araria ====================================================== Shyam Bhagat @ Shyam Kumar Bhagat Son Of Rameshwar Bhagat Resident Of Village - Kedia Patti, Ward No.04, Police Station - Araria (R.S.), District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Rana For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Araria (R.S) P.S. Case No. 747 of 2019 dated 03.09.2019 registered for the offences punishable u/ss 212 and 216of the Indian Penal Code and Section 41 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, the petitioner is alleged to have engaged in illegal business of liquor.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. Nothing has been recovered from

Patna High Court CR. MISC. No.2873 of 2024(2) dt.05-02-2024 2/2 the possession of the petitioner. The name of the petitioner has sprung up on mere suspicion. The petitioner has no concern with the alleged illicit business of liquor.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Araria in connection with Araria (R.S) P.S. Case No. 747 of 2019, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T