Patna High CourtCR. MISC./3045/2024bail granted

Dadan Pal v. The State Of Bihar

2024-02-21Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3045 of 2024 Arising Out of PS. Case No.-115 Year-2021 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Dadan Pal son of Sri Kapil Pal resident of Village- Medanipur, P.S. Sasaram (M), District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sadanand Roy, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-02-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a), 37(b)(c) of Bihar Prohibition and Excise Act, 2018.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 6 liters of liquor from the 'Khalihan' of the petitioner.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession. It is also submitted that no prudent person would use his own place for committing an occurrence and thus would create evidence against him. It is next submitted that 'Khalihan'

Patna High Court CR. MISC. No.3045 of 2024(2) dt.21-02-2024 2/2 is an open space and thus is accessible to villagers at large. It is also submitted that the 'Chowkidar' falsely implicated the petitioner.

5. The learned APP for the State opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Sasaram (M) P.S. Case No.115 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T