Pappu Teli And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11564 of 2018 Arising Out of PS.Case No. -648 Year- 2017 Thana -ARA NAGAR District- BHOJPUR ======================================================

1. Pappu Teli, Son of Ganesh Teli.

2. Barak Paswan, Son of Buletan Paswan.

3. Ashok Yadav, Son of Shiv Prasad Yadav. All are Residents of VillageBegampur, P.S.- Ara Nagar, District- Bhojpur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shiv Prasad Gupta For the Opposite Party/s : Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Ara Town P.S. Case No.648 of 2017, Excise Case No.5898 of 2017 registered for the offence punishable under Section 30(a) of Excise Act.

The allegation is regarding recovery of 180 litres of illicit liquor from a Car and the names of the petitioners herein have transpired during the course of interrogation of co-accused persons, who were apprehended at the spot.

The learned counsel for the petitioners submits that neither any recovery has been made from the conscious

Patna High Court Cr.Misc. No.11564 of 2018 (2) dt.27-02-2018 2/2 possession of the petitioner nor the Car belongs to the petitioners. It is further submitted that the petitioners are having clean antecedent.

Considering the nature of accusation and the fact that, prima facie, no case is made out for the offences punishable under the Excise Act, I deem it fit and proper to admit the petitioners herein to the privilege of anticipatory bail, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order on furnishing bail bond of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of A.D.J.4, Bhojpur, Ara in connection with Ara Town P.S. Case No.648 of 2017, Excise Case No.5898 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) N.H./- U T