Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34554 of 2018 Arising Out of PS.Case No. -32 Year- 2018 Thana -SAKRI District- MADHUBANI ====================================================== Anil Kumar, S/o Shiv Ray, resident of Pandaul (Budhan Jha Toll), P.S.- Pandaul, District- Madhubani.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Sri Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 14-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, in the present case, is seeking regular bail in connection with G.R.No.378 of 2018, arising out of Sakri P.S. Case No.32 of 2018, registered for offences alleged under Sections 272, 273/34, 406 and 420 of the Indian Penal Code and Sections 30(a), 36, 38(1) and 41(1) of Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that as per the allegations when the police party intercepted the truck in question which was full of illicit liquor, altogether 10 to 15 persons were found standing there with the motorcycle and on seeing the police party taking advantage of the darkness they started fleeing away. It

Patna High Court Cr.Misc. No.34554 of 2018 (2) dt.14-06-2018 is submitted that this petitioner is said to be one of the persons who were caught by the police while trying to flee away from the said place. Learned counsel submits that so far as the recovery of illicit liquor is concerned, it has been recovered from the truck in question. Learned counsel submits that this petitioner has no relationship with the said truck or the owner of the truck. However, he has been falsely implicated in this case by the police. Learned counsel submits that there is no recovery of any illicit liquor either from his possession or from his residential premises and, therefore, there is nothing to connect the petitioner with the present case. It is submitted that the petitioner has got no criminal history. It is also submitted that one of the co-accused Bikram Yadav has been granted privilege of anticipatory bail in Cr. Misc. No. 32712 of 2018.

Learned APP for the State is present.

Considering the facts and circumstance of the case whereunder the submission of the petitioner is that the petitioner has got no criminal antecedent and the recovery of illicit liquor has been made from the truck which does not belong to this petitioner, let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court Cr.Misc. No.34554 of 2018 (2) dt.14-06-2018 Additional Sessions Judge-II -cum- Special Judge, Excise Act, Madhubani, in connection with G.R. No.378 of 2018, arising out of Sakri P.S. Case No. 32 of 2018, subject to the conditions U/S 437(3) Cr.P.C.

(Rajeev Ranjan Prasad, J) Arvind/- U T