Nek Mohammad @ Sonu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45109 of 2019 Arising Out of PS. Case No.-299 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== Nek Mohammad @ Sonu, son of Bhola Dewan, resident of Village-Jhakhiya, Police Station-Turkauliya (Banjariya) District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-09-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Turkauliya P.S. Case No.299 of 2019 for the offence punishable under Sections 272, 273/34 of the Indian Penal Code. The prosecution story as per the First Information report is that the police intercepted a truck from which a total quantity of illicit spirit to the tune of 320 litres have been recovered. It has further been alleged that the petitioner and others were allegedly escorting the truck in question. Learned counsel appearing for the petitioner submits that the petitioner has got no criminal antecedent and he is not the owner of the truck and he has not committed any offence in

Patna High Court CR. MISC. No.45109 of 2019(3) dt.27-09-2019 2/2 the manner alleged. Learned counsel further submits that no illicit spirit has been recovered from the conscious possession of the petitioner or from the vehicle belonging to the petitioner. Having regard to the submissions made by the parties and taking into consideration the fact that petitioner has got no criminal antecedent and no illicit spirit has been recovered from the conscious possession of the petitioner or the vehicle owned by him, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 9th Additional Sessions Judge-cum-Special Judge, Excise, East Champaran at Motihari, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T