Bappa Saha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37448 of 2021 Arising Out of PS. Case No.-160 Year-2020 Thana- DAGARUA District- Purnia ====================================================== Bappa Saha S/o Late Nikhil Chandra Saha R/o village- Bani Akhari, P.S.- Matigara, District- Darjiling (West Bengal) ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr.Amit Kumar Anand, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Special Excise Case No.380 of 2020 arising out of Supplementary Dagarua P.S. Case No. 160 of 2020 registered for offences under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

It is submitted by learned counsel for the petitioner that the petitioner is the owner of the Pickup Van and he has no role in dealing of the prohibited liquor. It is the driver who was involved in transporting the foreign liquor and because of his illegal acts, the petitioner cannot be punished.

Patna High Court CR. MISC. No.37448 of 2021(2) dt.10-12-2021 2/2 Considering the aforesaid fact, the application for anticipatory bail is allowed.

Accordingly, let petitioner, above-named, in the event of his arrest or surrender within four weeks from today, be released on bail 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, Excise Act, Purnea in connection with Special Excise Case No.380 of 2020 arising out of Supplementary Dagarua P.S. Case No.160 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sandeep Kumar, J) BT/- U T