Raju @ Raju Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18236 of 2019 Arising Out of PS. Case No.-12 Year-2019 Thana- HATHUA District- Gopalganj ====================================================== RAJU @ RAJU KHAN, Male, aged about 36 years, Son of Allauddin Mian Resident of Village- Domahata, P.S.- Hathua, District- Gopalganj. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Javed Aslam For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 01-04-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is seeking anticipatory bail in connection with Hathua P.S. Case No. 12/2019 registered under Sections 30(a), 37(a) of Bihar Prohibition and Excise Act, 2016. learned counsel for the petitioner submits that the illicit liquor has been recovered from a ditch near the house of a relation of the petitioner. It is submitted that the petitioner has no criminal antecedent and has been made accused only because he happens to be the relation of the person whose house was nearer to the said ditch.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

Considering the facts and circumstances of the case where there is no recovery from the house of the petitioner and

Patna High Court CR. MISC. No.18236 of 2019(2) dt.01-04-2019 2/2 otherwise no material is there to connect him in the present case and finding that he has no criminal antecedent, in the event of his arrest/surrender before the court below within a period of four weeks, let the above-named petitioner be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cumSpecial Judge, Excise, Gopalganj, in connection with Hathua P.S. Case No. 12/2019, subject to condition prescribed under Section 438(2) of the Code of Criminal Procedure. (Rajeev Ranjan Prasad, J) Rajeev/- U T