Anish Singh @ Anish Kumar Singh @ Jhantu Singh @ Jhandu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11350 of 2018 Arising Out of PS. Case No.-440 Year-2017 Thana- BAKHTIARPUR District- Saharsa ====================================================== Anish Singh @ Anish Kumar Singh @ Jhantu Singh @ Jhandu Singh S/o Panna Singh, R/o Village- Shankarpur, Ward No. 05, P.S.- Bakhtiyarpur, O.P.- Balwa Hat, District- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar For the Opposite Party/s :

Mr. SRI SANJAY KUMAR PANDEY ====================================================== 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 Bakhtiyarpur P.S. Case No. 440 of 2017 registered for the offence punishable under Section 30(a) of the Excise Act.

The allegation is regarding recovery of 29.16 litres of illicit liquor from a pond situated at the back side of the house of the petitioner.

The learned counsel for the petitioner submits that the alleged place from where the illicit liquor has been recovered is not situated within the land of the petitioner herein. The petitioner is said to be having a clean antecedent.

Patna High Court Cr.Misc. No.11350 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 under the provisions of 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 learned Special Judge-cum-A.D.J.-IInd, Saharsa in connection with Special Case No. 616 of 2017 arising out of Bakhtiyarpur P.S. Case No. 440 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) S.Sb/- U T