Buttus Kumar @ Sanjeet Kumar @ Sanjeet Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14090 of 2021 Arising Out of PS. Case No.-174 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai ====================================================== BUTTUS KUMAR @ SANJEET KUMAR @ SANJEET SINGH Son of Parmanand Singh Resident of Village- Vrindavan, Ward No.03, P.S.- Naokothi, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam, Adv.

For the Opposite Party/s :

Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-12-2021 Heard the parties.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects, office will place the matter before the Bench.

The petitioner apprehends his arrest in connection with Excise Complaint Case No.174C2 of 2020, registered for the offence u/s 30(a) of the Bihar Prohibition and Excise Act. Altogether 195.165 liters of foreign liquor is said to have been recovered from the kitchen garden of the house of the petitioner.

Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged

Patna High Court CR. MISC. No.14090 of 2021(2) dt.08-12-2021 2/3 in the FIR. No such occurrence has ever taken place. Petitioner has been falsely implicated in this case only on the basis of suspicion. No incriminating article has been recovered from his conscious physical possession. He has no concern either with the seized liquor or any trade of liquor. The said recovery has been made from a ditch situated behind the house of the petitioner but the said place is a purely open place. The said house is a joint family property of the petitioner. Petitioner has no criminal antecedent.

Petitioner is agreed to deposit a sum of Rs. 50,000.00/- (Rupees Fifty Thousand) in the Patna High Court Legal Services Committee, Patna.

Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Excise Complaint Case No.174C2 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

Patna High Court CR. MISC. No.14090 of 2021(2) dt.08-12-2021 3/3 The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.50,000.00/- (Rupees Fifty Thousand) in the Patna High Court Legal Services Committee.

(Anjani Kumar Sharan, J) pallavi/- U T