Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34271 of 2019 Arising Out of PS. Case No.-228 Year-2018 Thana- FATUA District- Patna ====================================================== Satish Kumar, S/o Sanjay Rai, Resident of Village- Raipura, P.S.- Fatuha, District- Patna. Through His Natural Guardian and Grand Father Namely Kaltu Rai, Son of Late Bhola Rai, Resident of Mohalla- Raipura P.S.- Fatuha and District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-08-2019 This is an application for grant of anticipatory bail in connection with Fatuha P.S. Case No. 228 of 2018, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Prosecution story is that police got an informant that in the area of Raipura City Ghat, the liquor brought and packing the same in the polythene for that verification, police raided and saw that 15-16 persons one of them was arrested, he disclosed the name of the petitioner and other accused persons. Though from the petition, it appears that petitioner is about 14 years of age.

Submission of the learned counsel for the petitioner is that he is not pressing the plea of juvenile at this stage but so far allegation is concerned, there is nothing against him. His name

Patna High Court CR. MISC. No.34271 of 2019(3) dt.02-08-2019 2/2 was disclosed by other accused and he has no criminal antecedent also.

Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail and has admitted that there is nothing against the petitioner except the confessional statement of the co-accused.

Having heard both sides, considering the above submission, 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 Fatuha P.S. Case No. 228 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