Buchu Sapera v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27735 of 2019 Arising Out of PS. Case No.-56 Year-2019 Thana- EKANGARSARAI District- Nalanda ====================================================== 1.

BUCHU SAPERA Son of Late Birju Sapera, Resident of Village-Dhurgaon, Police Station-Ekangar Sarai, District-Nalanda. 2.

Harendra Sapera Son of Late Birju Sapera, Resident of Village-Dhurgaon, Police Station-Ekangar Sarai, District-Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jainendra Kumar For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 29-04-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Ekangar Sarai P.S. Case No. 56 of 2019, registered for offence punishable under section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. It has been alleged that fourteen litres of illegal liquor has been recovered from an orchard. The petitioners have no criminal history.

Looking to the quantity of liquor and the petitioners having no criminal antecedent, the prayer for bail of the petitioners is allowed and they, in the event of arrest or

Patna High Court CR. MISC. No.27735 of 2019(2) dt.29-04-2019 2/2 surrender before the court below within six weeks from today, are directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of 3rd Additional District and Sessions Judge-cum-Special Judge, Excise Act, Nalanda in connection with Ekangar Sarai P.S. Case No. 56 of 2019, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioners will not induce any witness or tamper with the evidence. The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court. If the petitioners are found involved in similar type of allegation in future, the prosecution will have liberty to file an application for cancellation of their bail bonds.

(Shivaji Pandey, J) mkchy/- U T