Jitu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75353 of 2018 Arising Out of PS. Case No.-151 Year-2018 Thana- NAWADA MUFFASIL District- Nawada ====================================================== Jitu Kumar, S/o Arjun Yadav, Resident of Village- Harishchandra Bigha, P.S.- Muffasil, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

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

It is alleged that 108 litres illicit country made liquor was recovered from the old house of the petitioner. It is submitted by learned counsel for the petitioner that the place from where recovery has been made is an old house which is not used by the petitioner and it is a joint family property. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that the recovery has been made from the old house of the petitioner.

Patna High Court Cr.Misc. No.75353 of 2018(2) dt.15-01-2019 2/2 Considering the fact that the accusation does not reflect that the place of recovery was residential, coupled with the statement made in paragraph 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 or 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 the like amount each to the satisfaction of learned Additional District & Sessions Judge-II -cum- Special Judge, Nawada in connection with Muffasil P.S. Case No. 151 of 2018, corresponding to C.I.S. No. 1007 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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