Nunu Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15461 of 2020 Arising Out of PS. Case No.-5 Year-2020 Thana- HATHAURI District- Samastipur ====================================================== NUNU PODDAR, S/o Dev Narayan Poddar, R/o village - Kameshwar Nagar, P.S. - Hathauri, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashutosh Kumar For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-06-2020 The matter has been taken up through Video Conferencing.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

From the house of the petitioner, liquor was recovered but at the time of recovery petitioner was not there. Submission is that petitioner has got no criminal antecedent and the house is occupied by other family members also.

Considering the fact that there is no direct material against the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the learned Court below

Patna High Court CR. MISC. No.15461 of 2020(2) dt.11-06-2020 2/2 within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Hathauri Police Station Case No. 05 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(Birendra Kumar, J) Kundan/- U T