Rajesh Mallah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26809 of 2020 Arising Out of PS. Case No.-63 Year-2019 Thana- PIPRASI District- West Champaran ====================================================== Rajesh Mallah Son of Late Ram Prasad Mallah Resident of Baharisthan, P.S. - Piparasi, District West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Gupta For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 15-01-2021 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is apprehending arrest in connection with Piparasi P.S. Case No. 63 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 4 liters of Deshi Wine was seized. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. He further submits that nothing was recovered from the possession of the petitioner. The petitioner has been made accused in this case only on suspicion.

Considering the fact that quantity of liquor is four

Patna High Court CR. MISC. No.26809 of 2020(3) dt.15-01-2021 2/2 liters and the petitioner has no criminal antecedent, 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 Special Judge, Excise, Bettiah, West Champaran, in connection with Piparasi P.S. Case No. 63 of 2019 subject to the condition as laid down under section 438(2) of the Cr.P.C.

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