Karun Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11391 of 2020 Arising Out of PS. Case No.-112 Year-2019 Thana- CHIKSAUR District- Nalanda ====================================================== KARUN BIND S/o Vilash Bind @ Vilash Prasad R/o Bairiganj, P.S.- Chiksaura, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pravin Kumar For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-06-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State, through Video Conferencing.

This application for grant of anticipatory bail arises out of Chiksaura Police Station Case No. 112 of 2019, disclosing offence under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner, as per the First Information Report, is that the police recovered 10 litres of illicit liquor from the brinjal field of the petitioner. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case inasmuch as the brinjal field, from where illicit liquor was recovered, does not belong to the petitioner and statement to this effect has been made in paragraph 6 of this application. He further submits that the said brinjal field is an open space and is

Patna High Court CR. MISC. No.11391 of 2020(2) dt.11-06-2020 2/2 accessible to all and sundry.

After having heard learned Counsel for the parties concerned and taking into consideration the fact that the illicit liquor has been recovered from an open space, which is accessible to all, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks from today, be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge -cum- Special Judge, Excise, Nalanda, at Biharsharif, in connection with Chiksaura Police Station Case No. 112 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √