Shatrughan Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23278 of 2020 Arising Out of PS. Case No.-17 Year-2020 Thana- SANGRAMPUR District- East Champaran ====================================================== SHATRUGHAN THAKUR S/o Late Mahanth Thakur @ Mohan Thakur Resident of Village- Madhubani Tiwari Tola, P.S.- Sangrampur, Distt- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ansul, Advocate For the Opposite Party/s :

Mr.Naveen Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 07-10-2020 Heard Mr. Ansul, learned Counsel for the petitioner and Mr. Naveen Kumar Pandey, learned Additional Public Prosecutor for the State.

The petitioner is apprehending arrest in connection with Sangrampur P.S. Case No. 17 of 2020 registered for the offence under Sections 272 and 273 of Indian Penal Code and Sections 30(a), 35 and 38 of Bihar Prohibition and Excise Act, 2016.

In the instant case 2806.800 liters of liquor was seized the petitioner has been named in this case as indulged in trade of liquor.

Learned counsel for the petitioner would submit that the petitioner is sixty years old and he has no criminal antecedent. Leaned Counsel for the petitioner further submits

Patna High Court CR. MISC. No.23278 of 2020(2) dt.07-10-2020 2/2 that petitioner is innocent and recovery was made from the shop of the son of the petitioner which was given on lease to one Rameshwar Dubey. The petitioner is separate from his son since 05.06.2016.

Considering the fact that the petitioner has no criminal antecedent, the Court is inclined to grant privilege of anticipatory bail to the petitioner on deposit of Rs. 1,00,000/- cash. Let the petitioner, above named, in the event of arrest or surrender within a period of one month from the date of communication of the order, be released on bail on furnishing bail bond of Rs. 1,00,000/- (One Lakh) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge IV cum Special Judge Excise, East Champaran in connection with Sangrampur P.S. Case No. 17 of 2020, subject to deposit of Rs. 1,00,000/- cash and further subject to the conditions laid down under Section 438 (2) of Cr.P.C. The deposit of cash of Rs. 1,00,000/- shall abide by the final outcome of the present criminal case. (Anil Kumar Upadhyay, J) spandey/- U T