Naveen Kumar @ Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11349 of 2020 Arising Out of PS. Case No.-150 Year-2019 Thana- LALGANJ District- Vaishali ====================================================== NAVEEN KUMAR @ GOLU KUMAR Son of Shree Jeet Narayan Singh Resident of Village - Rasulpur, P.S.- Lalganj, Distt - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh For the Opposite Party/s :

Ms.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-06-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State, through Video Conferencing.

This application for grant of anticipatory bail arises out of Lalganj Police Station Case No. 150 of 2019, disclosing offence under Sections 30 (a)/32(2)41(i) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner, as per the First Information Report, is that the bamboo clump of the petitioner was searched by the police and 840 litres of illicit liquor was recovered from the same.

Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.11349 of 2020(2) dt.11-06-2020 2/3 case inasmuch as the bamboo clump does not belong to the petitioner and statement to this effect has been made in paragraph 8 of this application. He further submits that the said bamboo clump is an open space and is accessible to all and sundry.

After having heard learned Counsel for the parties concerned and taking into consideration the fact that no illicit liquor has been recovered from the conscious possession of the petitioner and the said bamboo clump is an open space and is accessible to all, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks from today, be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge -cum- Special Judge, Excise Act, Vaishali, at Hajipur, in connection with Lalganj Police Station Case No. 150 of 2019, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

It is made clear that at the time of furnishing bail

Patna High Court CR. MISC. No.11349 of 2020(2) dt.11-06-2020 3/3 bonds, all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √