Sikandar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8929 of 2020 Arising Out of PS. Case No.-124 Year-2019 Thana- MARANCHI District- Patna ====================================================== Sikandar Kumar S/o Masudan Chaudhary R/o village- Nauragna Jalalpur, P.S.- Maranchi (Panch Mahla O.P.), District- Patna ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ashok Kumar, Adv.

For the Opposite Party :

Mr.Ram Bachan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-02-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Maranchi (Panchmahla O.P.) P.S. Case No. 124 of 2019 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding the recovery of 3.200 liter of illicit liquor from the door of the petitioner. The learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in the present case as also is having a clean antecedent. It is submitted that the illicit liquor has neither been recovered from inside the house of the petitioner nor from the conscious possession of the petitioner, hence, provisions of the

Patna High Court CR. MISC. No.8929 of 2020(2) dt.29-02-2020 2/2 Bihar Prohibition and Excise Act, 2016 are not attracted. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner, I find that prima facie no offence is made out under the provisions of the Bihar Prohibition and Excise Act, 2016, hence, I deem it fit and proper to direct for release of the petitioner on anticipatory bail.

Accordingly, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioner above named is directed to be released on anticipatory bail on furnishing bail-bonds of Rs. 10,000/-(rupees ten thousand) with two sureties of the like amount to the satisfaction of learned Special Judge, Excise, Patna with Maranchi (Panchmahla O.P.) P.S. Case No. 124 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) K.K.RAO/- U T