Teju Rai @ Teju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20027 of 2019 Arising Out of PS. Case No.-29 Year-2019 Thana- BIHTA District- Patna ====================================================== Teju Rai @ Teju Kumar Son of Dhanu Rai Resident of Village - Dumariya, P.S.- Bihta, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhim Kumar Yadav For the Opposite Party/s :

Mr.Ahtasham Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-04-2019 Heard learned counsels for the petitioner and the State.

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

The prosecution case is that 15 litres of country made illicit liquor were recovered from Dumariya water channel and one accused person was apprehended, who disclosed his name as Harendra Kumar. The apprehended co-accused person disclosed the name of the petitioner who escaped from the scene. It is submitted by learned counsel for the petitioner that admittedly, recovery has not been made from the conscious physical possession of the petitioner. A statement has been made in paragraph no.3 of the petition that the petitioner is not having

Patna High Court CR. MISC. No.20027 of 2019(2) dt.12-04-2019 2/2 any criminal antecedent.

Learned APP submits that the name of the petitioner sprang up on the confession of apprehended co-accused person. Considering the fact that prosecution case does not suggest that recovery has been made from the conscious physical possession of the petitioner, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Bihta P.S. Case No. 29 of 2019, Special Case No. 361 of 2019, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T