Utpal Kumar @ Kumar Utpal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18915 of 2020 Arising Out of PS. Case No.-32 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai ====================================================== Utpal Kumar @ Kumar Utpal Son of Late Sunil Kumar Singh @ Sunil Kumar Resident of Mohalla - Ratanpur (Pani Tanki Hanuman Mandir), Ward No. 20, P.S.- (Ratanpur O.P.), Distt - Begusarai. Presently residing at Site No. 4/25, Budela Gaon, Vikaspuri, P.S.- Vikaspuri, West Delhi, Delhi - 110018. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Excise Complaint Case no. 32 C-2 of 2020, registered under sections 30(a) of Bihar Prohibition Excise Act, 2016. As per allegation in the F.I.R., it is stated that the country made liquor was recovered from the compound of the house of the petitioner.

It is submitted by learned counsel for the petitioner that no recovery as alleged has taken place either from his person or possession and the petitioner has no criminal antecedent.

The application for bail is opposed by the learned APP

Patna High Court CR. MISC. No.18915 of 2020(6) dt.09-02-2021 2/2 for the State.

By order dated 11.01.2021 an antecedent report with respect to the antecedent report of the petitioner was called for from the Superintendent of Police, Begusarai which has been received. As per the report dated 01.02.2021, the petitioner has no criminal antecedent.

Having heard learned counsel for the parties and in the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of six weeks from today and in the event of his arrest or surrender in connection with Excise Complaint Case no. 32 C-2 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 Additional Sessions Judge-II-cumSpecial Judge, Bihar Prohibition and Excise Act, Begusarai, subject to the conditions as laid down under section 438(2) of Code of Criminal Procedure.

(Partha Sarthy, J) B.Kr./- U T