Shyam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1362 of 2019 Arising Out of PS. Case No.-531 Year-2017 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Shyam Kumar son of Saheb Roy, resident of village- Sikanarpur, Ward No.6, Rajaura,P.S. Muffasil, Begusarai.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sandip Kumar Gautam For the Opposite Party/s :
Mr.Sri Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-01-2019 Heard the parties.
Petitioner seeks pre-arrest bail in Muffasil P.S.Case No.531/17 registered under Section 30(a) of Bihar Prohibition Excise Act.
Allegation is of recovery of 882 litres liquor from Bolero vehicle. Petitioner is not named in the F.I.R. Later on his name transpires in course of investigation.
Submission on behalf of the learned counsel for the petitioners is that nothing has been recovered from his possession. He has no criminal antecedent and later on it transpires that the petitioner was engaged in liquor business with one Gautam Kumar and Anil Poddar and Gautam Kumar and Anil Kumar have already been granted privilege of
Patna High Court Cr.Misc. No.1362 of 2019(2) dt.19-01-2019 2/2 anticipatory bail vide orders dated 7.8.2018 and 30.7.2018 passed in Cr.Misc.No.37998 of 2018 and Cr.Misc. No.45686 of 2018 respectively.
Heard the learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the learned court below within six weeks from today be released on bail on furnishing bail bond of Rs.25,000/- two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II-cum-Speical Judge, Excise Court,Begusarai, in Muffasil P.S.Case No.531 of 2017 subject to the conditions as laid down under Section 438(2) of Cr.P.C. and further condition that the bailors must be of local having sufficient movable and immovable properties within the jurisdiction of the court concerned. (Vinod Kumar Sinha, J) aks/- U