Sudish Kumar @ Anthoni @ Antoni @ Sudhish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21649 of 2020 Arising Out of PS. Case No.-125 Year-2019 Thana- PUSA District- Samastipur ====================================================== Sudish Kumar @ Anthoni @ Antoni @ Sudhish Kumar S/o Naresh Mahto @ Ram Naresh Mahto Resident of Village-Gadhiya Harpur Pusa, P.S.-Pusa, District-Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-08-2020 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is apprehending arrest in connection with Pusa P.S. Case No. 125 of 2019 for the offence under section 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that petitioner has no criminal antecedent.

In the instant case total 85.125 liters of Indian Made Foreign Liquor was seized from the field of Dayal Mahto. Learned counsel for the petitioner submits that the name of the petitioner has been disclosed by Ashok Kumar Mahto and his wife. Nothing was recovered from the conscious or exclusive possession of the petitioner.

Considering the fact that the petitioner has no criminal

Patna High Court CR. MISC. No.21649 of 2020(2) dt.13-08-2020 2/2 antecedent and nothing was seized from the conscious or exclusive possession of the petitioner, the Court is inclined to grant anticipatory bail to the petitioner, let the petitioner, named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, 2nd cum Special Judge, Excise Act, Samastipur, in connection with Pusa P.S. Case No. 125 of 2019 subject to the condition as laid down under section 438(2) of the Cr.P.C. with further condition that the petitioner shall deposit Rs. 25000/- cash before the court below and the amount deposited by the petitioner shall abide by final outcome of the pending criminal case.

(Anil Kumar Upadhyay, J) Ravi/- U T