Maheshwar Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50031 of 2018 Arising Out of PS. Case No.-222 Year-2017 Thana- BELDOUR District- Khagaria ====================================================== Maheshwar Sada S/o Bihru Sada, resident of Village- Ushraha, P.S.- Beldaur, District- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar For the Opposite Party/s :

Mr. Sri Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks Anticipatory bail in connection with Beldaur P.S. Case No. 222 of 2017 registered under Sections 30 and 32 of Bihar Prohibition Act and Excise Act, 2016.

Allegation in the FIR is that the informant received secret information that three persons having wine in a black bag are going towards Pansalwa on motorcycle. On receiving such information, the police personnel waited on the road and at about 12.15 o'clock they saw three persons coming on a motorcycle, on seeing police they started fleeing away. On chase two persons were caught but the petitioner is said to have jumped into the water and fled away. 10 liters liquor was

Patna High Court Cr.Misc. No.50031 of 2018(3) dt.18-09-2018 2/2 recovered from the bag and two litres from the dicky of the motorcycle.

It has been submitted on behalf of the petitioner that name of the petitioner has surfaced on the basis of statement made by co-accused and nothing has been recovered from his physical or conscious possession. Petitioner has no criminal antecedent.

Considering the facts and circumstances of the case, prayer of Anticipatory bail is allowed and petitioner named above in the event of arrest or surrender before the court below within four weeks from today, the petitioner is directed to be released 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 learned Additional Sessions Judge-I-cum-Special Judge, Excise Khagaria, in connection with Beldaur P.S. Case No. 222 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (S. Kumar, J) veena/- U T