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Patna High CourtCR. MISC./9385/2020allowed

Avinash Kumar v. The State Of Bihar

2020-03-03Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9385 of 2020 Arising Out of PS. Case No.-421 Year-2019 Thana- SAKRA District- Muzaffarpur ====================================================== AVINASH KUMAR, Son of Maharudra Mishra, Resident of Village - Mahmadpur, P.S.- Sakra, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== 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 420, 467 and 468 of the Indian Penal Code and Sections (25 (1-b) a, 26 and 35 of the Arms Act and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that there is recovery of 1450.080 liters of foreign liquor from truck near Gangati Dharmagatpur Canal and the petitioner has been made accused on the confessional statement of co-accused Munchun Thakur. There is no recovery from the conscious possession of the petitioner. The petitioner has no criminal antecedent. However, petitioner is agreed to deposit Rs.50,000/-

Patna High Court CR. MISC. No.9385 of 2020(2) dt.03-03-2020 2/2 (fifty 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 Special Judge, Excise Act, Muzaffarpur, in connection with Sakra P.S. Case No. 421 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