Amitabh @ Amitabh Bachchan @ Amitabh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27904 of 2019 Arising Out of PS. Case No.-28 Year-2019 Thana- GANGABRIDGE District- Vaishali ====================================================== AMITABH @ AMITABH BACHCHAN @ AMITABH RAY Son of Upendra Rai Resident of Village - Terasiya, P.O.- Terahrasia, P.S.- Ganga Bridge, District- Vaishali ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Ahtasham Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-09-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Ganga Bridge Police Station Case No. 28 of 2019, disclosing offences under Section 30 )a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as per the First Information Report, is that the police upon secret information intercepted a Hyva vehicle and recovered 3064.5 litres of illicit liquor. It has been alleged that one person, namely, Pahari Ram, was arrested, who disclosed the name of the petitioner and others and also disclosed that they used to bring the consignment of illicit liquor by forming a syndicate.

Patna High Court CR. MISC. No.27904 of 2019(6) dt.16-09-2019 2/3 Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case and apart from this case, in two another cases, the petitioner has been implicated without any material, in which the petitioner has already been granted bail. He further submits that from perusal of the First Information Report, it would be evident that the illicit liquor has been recovered from a Hyva vehicle and the owner of the said vehicle, namely, Balwan Singh, who is residing in Haryana, has also been made accused in this case. Having regard to the submission made on behalf of the parties and taking into consideration the fact that no illicit liquor has been recovered from the conscious possession of the petitioner or the vehicle belonging to the petitioner, I am inclined to grant the petitioner privilege of anticipatory bail. Accordingly, this application is allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional 2nd Additional Sessions Judge -cum- Special Judge, Excise, Vaishali, at Hajipur, in connection with Ganga Bridge Police Station Case No. 28 of 2019, subject

Patna High Court CR. MISC. No.27904 of 2019(6) dt.16-09-2019 3/3 to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √