Jai Prakash Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10660 of 2018 ====================================================== Jai Prakash Bhagat S/o Shiv Pujan Bhagat, R/o Village- Sanichari Hat, Azamnagar, P.S.- Azamnagar, District- Katihar. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Qumrul Hoda For the Opposite Party/s : Mr. Sanjay Kumar Singh ====================================================== 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 Azamnagar P.S. Case No.223 of 2017 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.
The allegation is regarding recovery of 2.25 litres of illicit liquor from the motorcycle being driven by the coaccused persons. The learned counsel for the petitioner submits that though the motorcycle belongs to the petitioner but the same had been given to the co-accused persons for attending to some urgent work. The petitioner is stated to have not been named in the F.I.R. and is having a clean antecedent. It is further submitted
Patna High Court Cr.Misc. No.10660 of 2018 (2) dt.27-02-2018 2/2 that no recovery has been effected from the person of the petitioner.
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 even 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 A.D.J.-II-cum-Special Judge, Excise Act, Katihar in connection with Azamnagar P.S. Case No.223 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