Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7414 of 2020 Arising Out of PS. Case No.-134 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Bhojpur ====================================================== Abhishek Kumar S/o Mahendra Singh Resident of Village- Gidha, P.S.- Koilwar, District- Bhojpur.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sarvan Kumar, Advocate For the Opposite Party/s :

Mr.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 02-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in this case is seeking anticipatory bail in connection with Excise Case No. 134 of 2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case, the liquor is said to have been recovered from the backside of his house which is accessible to anyone and the petitioner has no criminal antecedent.

Learned APP has opposed the prayer for anticipatory bail of the petitioner.

Patna High Court CR. MISC. No.7414 of 2020(2) dt.02-03-2020 2/3 Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that the illicit liquor has not been recovered from the house of the petitioner and as per allegations the liquor has been recovered from the outside premises and in the backside of the house of the petitioner as also that petitioner has no criminal antecedent, let the petitioner above named in case of his arrest or surrender within a period of four weeks from today in connection with Excise Case No. 134 of 2020 be released on bail on furnishing of bail bonds of Rs.15,000/- (fifteen thousand) with two sureties of the like amount to the satisfaction of learned 4th Additional Session Judge-cum-Special Excise Act, Bhojpur, Arrah, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required:

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer; (iii) a condition that the person shall not leave India

Patna High Court CR. MISC. No.7414 of 2020(2) dt.02-03-2020 3/3 without the previous permission of the Court. (Rajeev Ranjan Prasad, J) SUSHMA2/- U T