Dilip Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24243 of 2018 Arising Out of PS.Case No. -29 Year- 2018 Thana -KUTUMBA District- AURANGABAD ======================================================

1. DILIP KUMAR,

2. Sanjay Ram,

3. Pradeep Kumar @ Pradeep Ram All are Sons of Sukan Ram, R/o Vill.- P.S.- Kutumba, District- Aurangabad (Bihar).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Birendra Kumar Singh For the Opposite Party/s : Mr. Sri Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-04-2018 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks anticipatory bail in connection with Kutumba P.S. Case No.29 of 2018 registered for the offences punishable under Sections 30(a) and 38 (ii) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 29 liters of illicit liquor from the motorcycle and 7 liters of illicit country-made Mahua liquor from a bush.

The learned counsel for the petitioner submits that neither motorcycle belongs to the petitioner nor the bush is situated in the premises of the petitioner and no recovery has been made from the

Patna High Court Cr.Misc. No.24243 of 2018 (2) dt.25-04-2018 2/2 conscious possession of the petitioner. It is further submitted that the provision of Section 100 Cr.P.C. has not been complied with, hence the seizure itself is doubtful and the petitioner is having a fair antecedent.

Considering the nature of accusation leveled against the petitioner herein as also 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. Accordingly, in the event of arrest or surrender before the concerned court within a period of six weeks from the date of receipt / production of a copy of the preset order, the petitioners above named are directed to be released on anticipatory bail on furnishing bonds of Rs.10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Aurangabad in connection with Kutumba P.S. Case No.29 of 2018, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) Sanjeev/- U T