Md. Irfan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10077 of 2020 Arising Out of PS. Case No.-237 Year-2019 Thana- HASANPUR District- Samastipur ====================================================== MD. IRFAN, Son of Md. Rajjak @ Md. Rajaak, Resident of Mohalla - Hasanpur Bazar, P.S.- Hasanpur, District - Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjit Kumar Yadav For the Opposite Party/s :
Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-03-2020 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 30 (A) of the Bihar Prohibition and Excise Act, 2016.
Learned counsel for the petitioner submits that there is recovery of 450 liters of foreign liquor from the house of the petitioner and the house is joint family property. There is no recovery from the conscious possession of the petitioner. The petitioner has been made accused on the confessional statement of co-accused Md. Tetar Miyan who has been granted anticipatory bail by the Co-ordinate Bench of this Court vide order dated 16.12.2019 passed in Cr. Misc. No. 83332/2019. The petitioner has no criminal antecedent.
Patna High Court CR. MISC. No.10077 of 2020(2) dt.03-03-2020 2/2 However, petitioner is agreed to deposit Rs.30,000/- (thirty thousand) in the Juvenile Justice Fund of the State Social Welfare Department.
In the aforesaid facts and circumstances of the case, I am inclined to grant anticipatory bail to the above named petitioner, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II cum Special Judge, Excise Act, Samastipur, in connection with Hasanpur P.S. Case No. 237 of 2019, subject to the conditions as laid down under Section 438
(2) of the Code of Criminal Procedure.
(Anjani Kumar Sharan, J) amitkumar/- U T