Sushil Kumar @ Bhola v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54638 of 2016 Arising Out of PS.Case No. -191 Year- 2016 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ======================================================

1. Sushil Kumar @ Bhola, Son of Janak Mahto, Resident of Village - Keowas Nizamat, P.S. Samastipur Muffasil, District - Samastipur .... Petitioner

Versus

1. The State of Bihar .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Pankaj Kumar, Adv. For the Opposite Party : Mr. Ram Bachan Singh, APP 189 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-02-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of anticipatory bail for offence under Sections 47, 54, 57 and 63 of the Bihar Excise (Amendment) Act, 2016.

Foreign liquor was recovered from the house of this petitioner on 28.07.2016.

Submission of the petitioner is that the possession of foreign liquor was not an offence on the alleged date. There is no allegation that foreign liquor was being consumed or was being provided for consumption to any one.

Considering the aforesaid fact, the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Samastipur Muffasil P.S. Case No. 191 of 2016 to the satisfaction of the Subdivisional Judicial Magistrate, Samastipur, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. (Birendra Kumar, J) SA/- U √ T √