Naveen Kumar @ Naveen Kumar Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52083 of 2021 Arising Out of PS. Case No.-202 Year-2021 Thana- BIBHUTIPUR District- Samastipur ====================================================== NAVEEN KUMAR @ NAVEEN KUMAR PANDIT Son of Bijli Pandit Resident of Village- Ward No. 09 Kalyanpur Ganj Kali Mandir Bamola, P.S.- Bibhutipur, District- Samastipur.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinay Kumar Mishra For the Opposite Party/s :
Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 16-02-2022 Heard both the parties through video conferencing. The petitioner seeks bail in anticipation of his arrest in connection with Bibhutipur P.S. Case No.202 of 2021 instituted for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.
Learned counsel for the petitioner submits that he has no connection with the alleged liquor which has been recovered from an open place and from the conscious possession of the petitioner, the name of the petitioner is based on a tip off, which cannot be a ground to held him guilty under section 30(a) of the Excise Act.
I have considered the submission.
Considering all the aspect, I am inclined to grant
Patna High Court CR. MISC. No.52083 of 2021(2) dt.16-02-2022 2/2 benefit of anticipatory bail to the petitioner and in the event of arrest, he 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