Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5939 of 2020 Arising Out of PS. Case No.-373 Year-2019 Thana- KAUWAKOL District- Nawada ====================================================== BITTU KUMAR Son of Ram Prasad Mahto Resident of Village - Bijho, P.S.- Kowakole, District - Nawada.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma For the Opposite Party/s :

Mr.Amarendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-06-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Kawakole P.S. Case No. 373 of 2019, disclosing offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016. It is alleged in the First Information Report that on seeing the police patrol party two person started fleeing away. One of them was arrested, whereas the other managed to flee away. From the possession of the person, who was apprehended, the police recovered 700 ml of India Made Foreign Liquor. He is said to have disclosed the petitioner's name as the person, who had given him the illicit liquor and is involved in the business of illicit trade of liquor.

Learned counsel for the petitioner has submitted that merely on the basis of statement of co-accused, the petitioner

Patna High Court CR. MISC. No.5939 of 2020(3) dt.24-06-2020 2/2 has been implicated. It has been stated in paragraph 3 of the application that petitioner has no criminal antecedent. On the basis of what has been alleged in the First Information Report, it cannot be said that no offence under the provisions of Excise Act is made out against him. This application is rejected.

However, considering the quantity of illicit liquor, said to have been recovered and the manner in which the petitioner's name has surfaced, it is directed that if the petitioner surrenders before the Court below and applies for his regular bail, his application shall be considered and disposed of on the same day on its own merit without being prejudiced by rejection of the present application for grant of anticipatory bail by this Court.

(Chakradhari Sharan Singh, J) Pawan/- U T