Amarjeet Poddar @ Amarjeet Kumar Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10746 of 2018 Arising Out of PS.Case No. -303 Year- 2017 Thana -DALSINGHSARAI District- SAMASTIPUR ====================================================== Amarjeet Poddar @ Amarjeet Kumar Poddar S/o Shiv Shankar Poddar, R/o Village- Sardarganj, Dalsingsarai, P.S.- Dalsingsarai, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2018 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks anticipatory bail in connection with Dalsinghswarai PS case no. 303 of 2017 registered for the offences punishable under Sections 30(a)/38(ii) and 41(i) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 17.640 liters of illicit liquor from the scrap shop.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case at the behest of co-accused Hanuman Jha and, in fact, the said scrap shop does not belong to the petitioner and no recovery has also been effected from the person of the petitioner. It is stated that the

Patna High Court Cr.Misc. No.10746 of 2018 (2) dt.27-02-2018 2/2 petitioner is having a clean antecedent.

Considering the nature of accusation levelled against the petitioners herein as also the fact that prima facie no case is made out under the provisions of the Excise Act, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail.

Accordingly, in the event of arrest or surrender before the concerned court within a period of six weeks from the date of receipt/production of a copy of the present order, the petitioners above named are directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 6th Additional Sessions Judge, Samastipur in connection with Dalsinghsarai PS case no. 303 of 2017, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) BTiwary/- U T