Amarjeet Sapera v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8313 of 2020 Arising Out of PS. Case No.-328 Year-2019 Thana- ISLAMPUR District- Nalanda ====================================================== AMARJEET SAPERA Son of Late Biltu Sapera Resident of Village-Echahos Takiyapar, P.S-Islampur, District-Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is apprehending his arrest in Islampur P.S. Case no. 328/2019 registered under section 30(a) of the Bihar Prohibition and Excise Act.

10 liters illicit liquor is said to have been recovered from a container allegedly abandoned by the petitioner. Petitioner has been identified by police personnel with the help of local persons. Counsel for the petitioner submits that petitioner's name has been dragged in this case only on the basis of suspicion. No recovery in terms of section 100 Cr.P.C has been made from the petitioner. In such circumstance, no case whatsoever has been made out against the petitioner under Bihar Prohibition and Excise Act. Learned A.P.P. opposes the prayer by referring to section 76(2) of the Act.

Patna High Court CR. MISC. No.8313 of 2020(2) dt.28-02-2020 2/2 Considering the rival submissions for limited purpose of anticipatory bail, this court is inclined to accept the submission of counsel for the petitioner. Application is allowed. In the event of arrest/ surrender within four weeks from the date of receipt of a copy of the order in the court below, petitioner shall be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge III-cum-Special Judge Excise, Nalanda at Biharsharif in Islampur P.S. Case no. 328/2019 subject to the condition under section 438(2) Cr.P.C and other conditions.

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) s.hassan/- U