Aaryan Kumar @ Niraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27024 of 2019 Arising Out of PS. Case No.-227 Year-2018 Thana- NADI P.S. District- Patna ====================================================== Aaryan Kumar @ Niraj Kumar, Son of Vrijnandan Ray Resident of Village - Jethuli Kachidargah, P.S.- Nadi, Dist.- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar, Advocate For the Opposite Party/s :
Mr. Anant Kumar -1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-07-2019 This is an application for grant of anticipatory bail in connection with Nadi P.S. Case No. 227 of 2018, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Prosecution story disclosed that one Akhilesh Kumar was arrested by the police and he disclosed that they have thrown the bag near the railway track and where the police, he arrested one person with bags and from them, there is recovery of 58.620 liters of foreign liquor. They have disclosed the name of the petitioner.
Submission of the learned counsel for the petitioner is that there is no recovery made from his possession or from his house. The F.I.R. itself disclosed that recovery is made from another person. He has no criminal history.
Heard learned A.P.P. also, who has opposed the
Patna High Court CR. MISC. No.27024 of 2019(3) dt.09-07-2019 2/2 prayer for anticipatory bail and has admitted that no recovery was made from the possession of the petitioner. Having heard both sides, considering the fact that no recovery was made from the possession of the petitioner, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Special Judge, Excise, Patna, in connection with Nadi P.S. Case No. 227 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.
(Vinod Kumar Sinha, J) Sunil Shukla/- U T