Anand Kumar @ Bittu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21374 of 2019 Arising Out of P.S. Case No.-177 Year-2019 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== ANAND KUMAR @ BITTU (Male) 24 years), S/o Birendra Singh R/o Mohalla- Sree Rampuri Colony Bhagwanpur, P.S.- Sadar, DistrictMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 05-04-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner seeks bail in connection with Muzaffarpur Sadar P.S.Case No.177 of 2019 for the offence alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case as lodged by the police personnel is that on secret information the house of the petitioner was raided and from the house 44.235 liters of Indian Made Foreign Liquor was recovered. Accordingly a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, nothing has been recovered from his conscious possession and he is in jail custody since

Patna High Court CR. MISC. No.21374 of 2019(2) dt.05-04-2019 2/2 11.03.2019. He further submits that petitioner undertakes to cooperate in the investigation and not to tamper with the prosecution evidence.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner does not bear a clean antecedent one more case although of a different nature is pending against him.

Considering the nature of allegations, material on record as well as the undertaking of the petitioner to cooperate in the investigation, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Muzaffarpur Sadar P.S.Case No.177 of 2019 to the satisfaction of learned Special Judge Excise, Muzaffarpur, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J) B.Kr./- U T