Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27648 of 2020 Arising Out of PS. Case No.-125 Year-2019 Thana- NOKHA District- Rohtas ====================================================== SANDEEP KUMAR S/o Hauldar Singh Resident of Village-Masona, P.S.- Sanjhauli, District-Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashutosh Tripathy, Advocate For the Opposite Party/s :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 25-11-2020 Learned counsel for the petitioner submits that in the prayer partition of the petition, the word 'regular bail' instead of anticipatory bail has been typed which may be ignored. Considering the aforesaid fact the petition for anticipatory bail shall be treated.

Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is apprehending arrest in connection with Nokha P.S.Case No.125 of 2019 for the offence under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2018. Learned counsel for the petitioner would submit that the petitioner has no criminal antecedent. In the instant case, there is recovery of total 142.20 liters of liquor but nothing has been recovered from the possession of the petitioner.

Patna High Court CR. MISC. No.27648 of 2020(2) dt.25-11-2020 2/2 Considering the fact that the petitioner has no criminal antecedent, the Court is inclined to grant anticipatory bail to the 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 one month from the date of communication of a copy of this order, on depositing Rs.25,000/- (twenty five thousand) cash and furnishing bail bond of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II-cum-Special Judge, Excise, Rohtas at Sasaram in connection with Nokha P.S.Case No.125 of 2019 subject to the condition as laid down under section 438(2) of the Cr.P.C.

The amount of Rs.25,000/- (twenty five thousand) deposited by the petitioner shall abide by the final outcome of the pending criminal case.

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