Jhamman Rai @ Jhaman Kumar @ Jahman Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10467 of 2018 Arising Out of PS.Case No. -214 Year- 2017 Thana -DALSINGHSARAI District- SAMASTIPUR ======================================================

1. Jhamman Rai @ Jhaman Kumar @ Jahman Rai S/o Satya Narayan Rai, R/o Village- Depura @ Dhepura, P.S.- Dalsingsarai, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lakshmindra Kumar Yadav For the Opposite Party/s : Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2018 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 Dalsingsarai P.S. Case No.214 of 2017 registered for the offence punishable under Sections 39, 41, 30(a), 38(i)(ii) of the Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of illicit liquor from the co-accused Raj Kumar.

The learned counsel for the petitioner submits that neither any recovery has been effected from the person of the petitioner nor the petitioner is said to be connected with the said co-accused persons. It is further submitted that the petitioner is having clean antecedent.

Patna High Court Cr.Misc. No.10467 of 2018 (2) dt.27-02-2018 2/2 Considering the nature of accusation and the fact that, prima facie, no case is made out for the offences punishable under the Excise Act, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail, 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 on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-6th, Samastipur in connection with Dalsingsarai P.S. Case No.214 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) N.H./- U T