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Patna High CourtCR. MISC./28383/2020allowed

Navneet Kumar v. The State Of Bihar

2021-01-15Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28383 of 2020 Arising Out of PS. Case No.-393 Year-2020 Thana- TURKAULIYA District- East Champaran ====================================================== Navneet Kumar, 40Y/M, S/o Late Arjun Prasad Resident of Village-Susta, P.S.-Muzaffarpur Sadar, District-Muzaffarpur, At present, Station House Officer, Turkaulia P.S., District-East Champaran. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Abhishek Kumar, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 15-01-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner is apprehending arrest in connection with Tukaulia P.S. Case No.393 of 2020 for offences under Sections 30(a), 32, 41(1) and 51 of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. He submits that in the instant case, huge quantity of country made liquor was seized from different places. Learned counsel submits that nothing was recovered from possession of the petitioner or the premises of this petitioner. Out of the seized liquor, 158 litres of country made liquor was recovered from toilet facing south situated to

Patna High Court CR. MISC. No.28383 of 2020(2) dt.15-01-2021 2/2 the east of lavatory in the premises of the police station. Considering the aforesaid, the Court is inclined to grant the privilege of anticipatory bail to the petitioner subject to the condition that the petitioner has to deposit Rs.50,000/- in cash. On depositing the amount of Rs.50,000/-, petitioner, above-named, in the event of arrest or surrender within one month from today, shall be released on bail on furnishing bail bond of Rs. 50,000/- (Rupees fifty thousand) each with two sureties of the like amount each to the satisfaction of the 7th Additional Sessions Judge-cum-Special Judge, Excise Champaran, Motihari in connection with Tukaulia P.S. Case No.393 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Deposit of Rs.50,000/- (Rupees fifty thousand) shall abide by final outcome of Tukaulia P.S. Case No.393 of 2020. (Anil Kumar Upadhyay, J) BT/- U T