Chintu Kumar @ Siman Saurav @ Suman Kumar @ Suman Saurav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18772 of 2020 Arising Out of PS. Case No.-56 Year-2020 Thana- DEEPNAGAR District- Nalanda ====================================================== Chintu Kumar @ Siman Saurav @ Suman Kumar @ Suman Saurav Son of Rajendra Prasad @ Chhote Mahto Resident of Kanchanpur, P.S. - Deep Nagar, District - Nalanda.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Rudal Singh, Adv.

For the Opposite Party/s :

Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-09-2020 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Deepnagar P.S. Case No. 56 of 2020, registered under sections 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the F.I.R., on a secret information having been received, a raid was conducted and it is stated that 2556 bottles containing 1683 litres of illicit liquor was recovered from the closed brick kiln belonging to this petitioner.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.18772 of 2020(3) dt.18-09-2020 2/3 that the allegation as levelled in the F.I.R. is false and incorrect. The petitioner has no concern either with the seized article nor with the said brick kiln which belongs to one Sangeeta Sinha. It is submitted that the petitioner has no criminal antecedent. The application for bail is opposed by learned APP for the State who submits that huge quantity of liquor has been recovered.

Case diary called for in the case has been received. Having heard learned counsel for the parties and taking into consideration the materials on record, it transpires from the case diary that the brick kiln in question had been taken on lease by one Jitendra Kumar and Smt. Sangeeta Sinha from one Naimuddin and Jahangir. Thus taking into consideration the submissions made on behalf of the petitioner, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Deepnagar P.S. Case No.56 of 2020, he will be enlarged on bail on furnishing bail bond of Rs 10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd Additional Sessions Judge-cum-Special Judge (Excise), Nalanda at

Patna High Court CR. MISC. No.18772 of 2020(3) dt.18-09-2020 3/3 Biharsharif, subject to the conditions as laid down in section 438(2) of Criminal Procedure Code.

(Partha Sarthy, J) Bibhash/- U T