Raj Kumar Mishra @ Bhola v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26720 of 2020 Arising Out of PS. Case No.-61 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Khagaria ====================================================== Raj Kumar Mishra @ Bhola Son of Ramchandra Mishra Resident of Village - Kabela, P.S. - Parbatta, District - Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-11-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is apprehending arrest in connection with Excise Complaint Case No. 61C3/2020 for the offence under Sections 30(a) of Bihar Prohibition and Excise Act. Learned counsel for the petitioner would submit that the petitioner has no criminal antecedent. It is alleged that on the basis of secret information, 431.085 liters of foreign liquor was seized. He submits that the recovery was not made from the house of the petitioner, but from the open place. Considering the aforesaid fact that the petitioner has no criminal antecedent and recovery was made from the open place, the Court is inclined to grant anticipatory bail to the

Patna High Court CR. MISC. No.26720 of 2020(2) dt.05-11-2020 2/2 petitioner, let the petitioner named above, be released on bail in the event of arrest or surrender before the court below within a period of six weeks from the date of communication of a copy of this order on furnishing bail bond of Rs.50,000/- (fifty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Khagaria in connection with Excise Case No. 61C3/2020, subject to the condition as laid down under section 438(2) of the Cr.P.C. The petitioner shall deposit of Rs.50,000/- cash in the court below and the amount of Rs.50,000/- deposited by the petitioner shall abide by final outcome of the pending criminal case.

(Anil Kumar Upadhyay, J) B.Kr./-Saif U