Bhushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51932 of 2021 Arising Out of PS. Case No.-968 Year-2020 Thana- SAHARSA SADAR District- Saharsa ====================================================== BHUSHAN KUMAR Son of Late Shesh Narayan Yadav Resident of Village - and Post - Simraha, Ward No.35, P.S.- Saharsa, Distt.- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Renu Kumari ====================================================== 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 Saharsa Sadar P.S. Case No.968 of 2020 instituted for the offences under Sections 30(a), 41(i) of Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is neither owner of the vehicle from which liquor has been recovered nor he was present at the sight. Learned counsel submits that the house of the petitioner was also searched but nothing has been recovered from his house.

Taking into consideration and circumstances, I am satisfied that no case under section 30(a) of the Bihar Prohibition and Excise Act, 2016 is made out against the

Patna High Court CR. MISC. No.51932 of 2021(2) dt.16-02-2022 2/2 petitioner, I am inclined to grant 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