Vikram Poddar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44972 of 2019 Arising Out of PS. Case No.-74 Year-2019 Thana- KATIHAR District- Katihar ====================================================== VIKRAM PODDAR Son of Fentus Poddar Resident of - Tingachhia, P.S.- Nagar, Distt - Katihar.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar Singh For the Opposite Party/s :
Mr.Kanhaiya Kishore (App 100) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-07-2019 This application, for grant of anticipatory bail, arises out of Katihar Nagar P.S. Case No. 74 of 2019, disclosing offences under Section 30(a) of the Bihar Prohibition and Excise Act.
Allegation as per the self statement of the SHO, Katihar that he received information that some persons have kept the wine in a half constructed house of one Panchdeep Poddar, on which, the police went there and recovered 81 litres of Indian made foreign liquor and on enquiry the villagers disclosed the names of petitioner and others as the persons, who were engaged in trade of illicit liquor.
Submission of learned counsel for the petitioner is that from the F.I.R. itself, it is evident that nothing has been recovered either from the possession or from the house of the
Patna High Court CR. MISC. No.44972 of 2019(2) dt.22-07-2019 2/2 petitioner. Further submission is that he has no criminal antecedent and has falsely been implicated in this case. Learned counsel for the State opposed the prayer for bail, however, he could not controvert the fact that nothing has been recovered either from the possession of the petitioner or from his house.
Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned A.D.J. II -cum-Special Judge, Katihar, in connection with Katihar Nagar P.S. Case No. 74 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) sunilkumar/- U T