Radhey Kr. Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10865 of 2018 Arising Out of PS.Case No. -649 Year- 2017 Thana -ARA NAGAR District- BHOJPUR ======================================================

1. Radhey Kr. Singh, son of Rajdev Singh, Resident of Village- Majhauan, P.S. Ara Nagar, District- Bhojpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Shiv Prasad Gupta For the Opposite Party/s : Mr. Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-02-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Ara Town PS case no. 649 of 2017 registered for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 25.20 ltrs. of illicit liquor from the abandoned house and upon the accused person being apprehended at the spot, he disclosed the name of the petitioner. The learned counsel for the petitioner submits that neither any recovery has been effected from the conscious possession of the petitioner nor the said house belongs to the petitioner. It is further submitted that the petitioner has a clean antecedent.

Patna High Court Cr.Misc. No.10865 of 2018 (2) dt.28-02-2018 2/2 Considering the nature of accusation and the fact that prima facie, no case is made out under the provisions of the Excise Act, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of his 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, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of AD.J. 4 Bhojpur at Ara in connection with Ara Town PS case no. 649 of 2017 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) rinkee/- U