Anil Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31570 of 2020 Arising Out of PS. Case No.-104 Year-2020 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== Anil Kushwaha, aged about 42 years, Male, Son of Brijlal Kushwaha Resident of Village- Saraiya, P.S.- Bhgwanpur, District- Kaimur at Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-01-2021 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Bhagwanpur P.S.Case No.104 of 2020, registered under sections 30(a) and 37(1) and (2) of Bihar Prohibition and Excise Act, 2016.

As per allegation made in the F.I.R., altogether 15 litres of Mahua liquor is stated to have been recovered from the house of the petitioner.

It is submitted by learned counsel for the petitioner that no recovery, as alleged, has taken place. He has been falsely implicated in the case and has no criminal antecedent.

Patna High Court CR. MISC. No.31570 of 2020(2) dt.22-01-2021 2/2 The application for bail is opposed by the learned APP for the State.

Having heard learned counsel for the parties and taking into consideration that the petitioner has no criminal antecedent, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of six weeks from today and in the event of his arrest or surrender in connection with Bhagwanpur P.S.Case No.104 of 2020, R.No.404 of 2020, he will be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-5th-cum-Special Judge, Excise, Kaimur at Bhabhua, subject to the conditions as laid down under section 438(2) of Code of Criminal Procedure. (Partha Sarthy, J) B.Kr./- U T