Ankush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9061 of 2020 Arising Out of PS. Case No.-1 Year-2020 Thana- TETERHAT District- Lakhisarai ====================================================== ANKUSH KUMAR Son of Rajesh Singh Resident of Village- Bahchha, P.S.- Chandradeep, District- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Mr. Ram Vinay Prasad Singh For the Opposite Party/s :

Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-03-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Tetarhat P.S. Case No. 01 of 2020 for the offence registered under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 134.220 liters of illicit liquor from the house of co-accused person, namely, Lal Singh.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and he is having a clean antecedent. It is further submitted that no recovery has been made either from the conscious possession of the petitioner or from his house, hence the provisions of the

Patna High Court CR. MISC. No.9061 of 2020(2) dt.03-03-2020 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 and upon a bare reading of the FIR, I find that prima facie no offence is made out under the provisions of the Bihar Prohibition and Excise Act, 2016 qua the petitioner herein as far as the case of the petitioner for grant of anticipatory bail is concerned.

Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the event of his arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-IIcum- Special Judge (Excise), Lakhisarai in connection with Tetarhat P.S Case No. 01 of 2020 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T