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Patna High CourtCR. MISC./34077/2019allowed

Anil Ram v. The State Of Bihar

2019-08-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34077 of 2019 Arising Out of PS. Case No.-79 Year-2019 Thana- TRIVENIGANJ District- Supaul ====================================================== Anil Ram, (Male), aged about 30 years, Son of Jogan Ram, Resident of Village- Laguniya, Marjawa, P.S.- Tribeniganj, District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Jha For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-08-2019 Heard.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 30 (a), 37 (b) (c) of the Bihar Prohibition and Excise Act, 2016. Prosecution story in short is that one Anant Kumar Police Sub Inspector of Tribeniganj P.S. has given a written report and alleging there in that on 18.03.2019 at about 2.00 PM he was on Gasti and when he reached near Tribeniganj Pipra road and he saw that one boy namely Pappu Mandal standing near Scorpio and his mouth was stink. Then the Pappu Mandal arrested by the police party. He is further stated that then he got information from officer-in-charge on his mobile that one Anil Ram of Laguniya village is selling and purchasing the foreign liquor in his house then the informant and other police person

Patna High Court CR. MISC. No.34077 of 2019(2) dt.22-08-2019 2/2 searched the house of the petitioner (Anil Ram) and on search 5 liters of liquor was recovered.

There is no recovery from the conscious possession of the petitioner and has no criminal antecedent. In para 8 of the bail petition it is mentioned that there is no compliance of Section 100 Cr.P.C.

In the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-II cum Special Judge (Excise), Supaul in connection with S.T. Excise No. 204 of 2019 arising out of Tribeniganj P.S. Case No. 79 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) amitkumar/- U T