Apla @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17288 of 2019 Arising Out of PS. Case No.-356 Year-2018 Thana- TEGHRHA District- Begusarai ====================================================== Apla @ Deepak Kumar, Son of Tufani Singh, Resident of VillageMadhurapur, P.S.- Purwari Tola, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jai Shanker Prasad For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-03-2019 Heard learned Counsels for the petitioner and learned APP for the State.

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

The prosecution case as per the written report of S.I., Budhdeo Paswan S.I. of Teghra P.S. submitted to SHO, Teghra Police Station is to the effect that a secret information was received with regard to illegal business of illicit liquor. Whereupon, raid was laid in the house of co-accused Sanjeev Raman @ Sanjeev Kumar @ Lalbabu and in the premises of the

Patna High Court CR. MISC. No.17288 of 2019(2) dt.26-03-2019 2/3 said house, a truck was being unloaded containing illicit liquor. It is further alleged that total 5696.100 litre of Indian Made Foreign liquor were recovered and the name of the petitioner sprang up on the statement of Chaukidar.

It is submitted by learned counsel for the petitioner that nothing has been recovered from the conscious physical possession of the petitioner. It is further submitted that neither the petitioner was apprehended from the place of spot nor has he any concern with the said premises or truck in question. A statement has been made in paragraph no.3 of the petition that the petitioner is involved in two other cases of similar nature. It is submitted by learned APP for the State that the name of the petitioner sprang up on the statement of Chaukidar.

Considering the fact that the nothing has been recovered from the conscious physical possession of the petitioner and petitioner claims that he is neither the owner of truck in question nor owner of the said premises, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.17288 of 2019(2) dt.26-03-2019 3/3 Teghra P.S. Case No. 356 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Deepak/Rahul/- U T