Pramod Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8267 of 2019 Arising Out of PS. Case No.-108 Year-2018 Thana- VIDYAPATINAGAR DistrictSamastipur ====================================================== Pramod Thakur, Male, aged about 36 years, S/O Sitaram Thakur, Resident of Village- Mau Bazar, P.S.- Vidyapati Nagar, District Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Thakur, Adv.

For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-02-2019 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 272 and 273 of the IPC and Sections 30(a) and 37(D) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case is that from the safety tank situated behind the house of the petitioner, 18.39 litres of illicit foreign

Patna High Court Cr.Misc. No.8267 of 2019(2) dt.13-02-2019 2/3 liquor were recovered.

It is submitted by learned counsel for the petitioner that recovery has not been made from the conscious physical possession of the petitioner. In fact, the recovery has been made from an open area. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

It is submitted by the learned APP for the State that the recovery has been made from safety tank situated outside the house of the petitioner.

Considering the fact that the recovery has been made from the safety tank, situated outside the house of the petitioner, coupled with the statement being made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge-III-cum-Special Judge (Excise), Samastipur in connection with Vidyapatinagar P.S. Case No.108 of 2018, subject to the condition as laid down under Section 438(2) of

Patna High Court Cr.Misc. No.8267 of 2019(2) dt.13-02-2019 3/3 the Cr. P.C.

(Dinesh Kumar Singh, J) Deepak/- U T