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Patna High CourtCR. MISC./12016/2020allowed

Arjun Bhagat @ Labba Bhagat @ Lamba Bhagat v. The State Of Bihar

2020-03-05Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12016 of 2020 Arising Out of PS. Case No.-9 Year-2016 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Arjun Bhagat @ Labba Bhagat @ Lamba Bhagat Son of Suresh Bhagat Resident of Village-Maksoodpur, P.S.-Warisnagar, District-Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is apprehending arrest in connection with T.R. No. 886 of 2020 arising out of Excise P.S. Case No. 09 of 2016 for the offence under section 47(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that petitioner has no criminal antecedent.

In the instant case total 8 liters of country made liquor was seized from the betel shop of the petitioner. Learned counsel for the petitioner submits that seizure of liquor from the betel shop is false as there is no reference in the entire case about the existence of betel shop.

Patna High Court CR. MISC. No.12016 of 2020(2) dt.05-03-2020 2/2 Considering the fact that nothing was recovered from the exclusive conscious possession of the petitioner, the Court is inclined to grant anticipatory bail to the petitioner, let the petitioner, named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 50,000/- (Fifty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, 2nd cum Special Judge, Excise Act, Samastipur, in connection with T.R. No. 886 of 2020 arising out of Excise P.S. Case No. 09 of 2016 subject to the condition as laid down under section 438(2) of the Cr.P.C. (Anil Kumar Upadhyay, J) Ravi/- U T