Sheru Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44415 of 2019 Arising Out of PS. Case No.-76 Year-2019 Thana- RAFIGANJ District- Aurangabad ====================================================== Sheru Bhuiyan son of late Suraj Bhuiyan, resident of village-Charkawan, Upardih, PS-Rafiganj, District-Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 19-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Aurangabad Excise Case No. 333 of 2019 arising from Rafiganj P.S. Case No. 76 of 2019 registered for offence punishable under section 30 (a) of the Bihar Prohibition Excise Act, 2016.

It has been alleged that 20 litres of liquor has been recovered from the back side of the house of the petitioner and he has no criminal history.

Looking to the quantity of liquor and the petitioner having no criminal antecedent, the prayer for bail of the petitioner is allowed and he, in the event of arrest or surrender before the court below within six weeks from today, is directed

Patna High Court CR. MISC. No.44415 of 2019(2) dt.19-07-2019 2/2 to be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of 7th Additional Sessions Judge-cum-Special Judge (Excise), Aurangabad in connection with Aurangabad Excise Case No. 333 of 2019 arising from Rafiganj P.S. Case No. 76 of 2019, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. If the petitioner is found involved in similar type of allegation in future, the prosecution will have liberty to file an application for cancellation of his bail bond. (Shivaji Pandey, J) Mahesh/- U T