Anand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24222 of 2017 Arising Out of PS.Case No. -15 Year- 2017 Thana -AMBA District- AURANGABAD ======================================================

1. Anand Kumar, son of Shankar Ram, resident of Village- Gidhi, P.S.- Hariharganj, Dist- Palamu (Jharkhand).

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Birendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 24-05-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks bail in Amba P.S. Case No. 15 of 2017 instituted for the offence under Section(s) 30(A) of the Bihar Excise Amendment Act, 2016.

As per allegation, this petitioner and another accused, Janeshwar Sharma, tried to run away on seeing the police, but they were caught and about 113 liters country made Mahua liquor was recovered from the possession of the petitioner and another accused.

It has been submitted that there is no recovery from the conscious possession of the petitioner. In the seizure list, it is mentioned that the recovery was made from the road. It has further been submitted that co-accused, Janeshwar Sharma, with

Patna High Court Cr.Misc. No.24222 of 2017 (2) dt.24-05-2017 2/2 similar allegation has been granted bail by a co-ordinate Bench of this Court by order dated 20.04.2017 passed in Cr. Misc. No.15649 of 2017.

It is mentioned in para 3 that the petitioner has clean antecedents.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the Petitioner, above named, be released on bail on furnishing bail bond of `10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, Aurangabad, in connection with Amba P.S. Case No. 15 of 2017, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) JA/- U T