Bablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49814 of 2016 Arising Out of PS.Case No. -84 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictMADHEPURA ======================================================

1. Bablu Kumar Son of Dhaneshwar Yadav, resident of Village - Jankinagar, Police Station - Janki Nagar, District - Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Md. Shamimul Hoda, Advocate For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 48(2) of the Bihar Excise (Amendment) Act, 2016.

Forty liters of foreign liquor was recovered from a vehicle from a lonely place on 17.08.2016.

Submission of the petitioner is that on the alleged date of recovery possession of foreign liquor was not the offence and the recovery was not made from the conscious possession of the petitioner.

Considering the aforesaid fact, let the petitioner, above named, in the event of his arrest or surrender before the

Patna High Court Cr.Misc. No.49814 of 2016 (3) dt.19-12-2016 2/2 Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura/Successor Court in connection with Complaint Case No.C-84(7) of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Birendra Kumar, J) Mkr./- U T