Saroj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.315 of 2021 Arising Out of PS. Case No.-12 Year-2020 Thana- VAISHALI District- Vaishali ============================================== SAROJ KUMAR Son of Binda Ray @ Vinda Ray Resident of VillagePhular, P.S. and District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Sinha For the Opposite Party/s :

Mr. Md. Sufiyan ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 23-06-2021 Heard Mr. Arvind Kumar Singh, learned counsel for the petitioner and Mr. Md. Sufiyan, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Vaishali P.S. Case No. 12/2020 instituted for the offences under Sections 272 and 273 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. It appears from the First Information Report that raw materials for manufacturing liquor and wrappers were found concealed in a ditch by the side of the poultry

Patna High Court CR. MISC. No.315 of 2021(2) dt.23-06-2021 2/3 farm of the petitioner.

Learned counsel for the petitioner has submitted that the recovery is from an open space and the poultry farm of the petitioner has not been running for the last several years.

The petitioner does not have criminal antecedents.

On these grounds it has been urged that none of the offences under the Indian Penal Code or under the Excise Act can be said to have been made out against the petitioner.

Regard being had to the afore-mentioned submissions and taking into account the clean antecedents of the petitioner, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -II-cum-Excise Court,

Patna High Court CR. MISC. No.315 of 2021(2) dt.23-06-2021 3/3 Vaishali at Hajipur, in connection with Vaishali P.S. Case No. 12/2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Ashutosh Kumar, J) sunilkumar/- U T