Raushan Kumar @ Chimpu Singh @ Chimpu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8719 of 2020 Arising Out of PS. Case No.-180 Year-2019 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== RAUSHAN KUMAR @ CHIMPU SINGH @ CHIMPU KUMAR Son of Amar Kumar @ Pintu Singh Resident of Village - Manjhaul Ward No. 07 Purwari Tola, P.S.- Cheriya Bariyarpur, District - Begusarai... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shree Niwas Singh For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-02-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Cheriya Bariyarpur PS case no. 180 of 2019 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of huge quantity of illicit liquor from an open field situated at village Manjhaul as also from a pick-up van and a Bolero vehicle. The learned counsel for the petitioner has submitted that the petitioner is innocent, has a fair antecedent except one case, in which he is on bail and has been falsely implicated in the present case, inasmuch as it has been categorically stated in paragraph no. 12 of the present petition that the seized vehicles do not belong to the petitioner. It is thus

Patna High Court CR. MISC. No.8719 of 2020(2) dt.29-02-2020 2/2 submitted that the provisions of the Bihar Prohibition and Excise Act, 2016 are not attracted against the petitioner. Having regard to the facts and circumstances of the case, considering submissions made by the learned counsel for the petitioner as also taking in account the fact that prima facie, no case is made out as against the petitioner herein under the provisions of the Bihar Prohibition and Excise Act, 2016, upon a bare perusal of the FIR, as far as consideration of the present petition is concerned, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail.

Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IIcum-Special Excise Act, Begusarai in connection with Cheriya Bariyarpur PS case no. 180 of 2019 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.