Anand Kumar Mali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46453 of 2016 Arising Out of PS.Case No. -234 Year- 2016 Thana -KUDRA District- BHABHUA (KAIMUR) ====================================================== Anand Kumar Mali, S/o Sri Satya Narayan Mali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Mishra For the Opposite Party/s : Mr. Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 24-10-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-47(a)/53/54/63 of the Bihar Excise Act. In huge quantity, bottles of Indian made liquor were recovered from the shop, situated in the premises of co-accused, Kanhaiya Mali and the aforesaid Kanhaiya Mali disclosed that this petitioner had taken the aforesaid shop on rent and after that, the petitioner was arrested and, when key of the aforesaid shop was demanded, the petitioner disclosed that the aforesaid key was with co-accused, Kanhaiya Mali who subsequently, handed over the key of the aforesaid shop.

Submission on behalf of the petitioner is that the petitioner does not have any concern with the aforesaid shop but

Patna High Court Cr.Misc. No.46453 of 2016 (2) dt.24-10-2016 2/2 the aforesaid Kanhaiya Mali implicated the petitioner in this case on account of previous dispute. However, nothing has been recovered from conscious possession of the petitioner or from his house and the petitioner does not have any criminal antecedent. Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Kudra P.S. Case No. 234 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Kaimur. (Hemant Kumar Srivastava, J) A.K.V./- U T