Anil Kumar @ Anil Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48636 of 2021 Arising Out of PS. Case No.-221 Year-2021 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.

ANIL KUMAR @ ANIL KUMAR SAH S/o Shiv Pujan Sah R/o villageGouspur Izara, P.S.- Hajipur Sadar, District- Vaishali 2.

Raj Kumar Sah @ Ram Kumar Sah S/o Shiv Pujan Sah R/o villageGouspur Izara, P.S.- Hajipur Sadar, District- Vaishali ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 14-02-2022 Heard both the parties through video conferencing. The petitioners seek bail in anticipation of their arrest in connection with Hajipur Sadar P.S. Case No.221 of 2021 instituted for the offences under Sections 30(A) of Bihar Prohibition and Excise Act, 2018.

Learned counsel for the petitioners submits that neither any recovery is made from the petitioners nor they were present at the sight. Thus, no case under section 30(A) of Bihar Prohibition and Excise Act is made out against the petitioners. I have considered the submission.

Taking into consideration the nature of allegation and the recovery memo, I find that prima facie no case can be made

Patna High Court CR. MISC. No.48636 of 2021(2) dt.14-02-2022 2/2 out under section 30(A) of Bihar Prohibition and Excise Act, I am inclined to grant benefit of anticipatory bail to the petitioners and in the event of arrest, they shall be released on bail subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sanjeev Prakash Sharma, J) amit/- U T