Sachin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45968 of 2019 Arising Out of PS. Case No.-65 Year-2019 Thana- KUDHNI District- Muzaffarpur ====================================================== 1.

SACHIN KUMAR Son of Ratnesh Singh Resident of Gram Jagdish Kamtaul, P.S.-Kurhani, District-Muzaffarpur.

2.

Ranjan Kumar Son of Tuntun Pandit Resident of Gram Jagdish Kamtaul, P.S.-Kurhani, District-Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Namrata Mishra For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-07-2019 This application, for grant of anticipatory bail, arises out of Kudhni P.S. Case No. 65/19, disclosing offences under Sections 272 and 273 of the Indian Penal Code and Secton 30 of the Bihar Prohibition and Excise Amendment Act, 2018.

Allegation as per F.I.R. is that police received information that petitioners and other accused are engaged in illicit liquor trade, raided the bathan of co-accused Sanjeev Kumar and recovered 242.250 litres of liquor. Submission of learned counsel for the petitioners is that the F.I.R. itself shows that the there is no recovery either from the possession or from the house of the petitioners. It has

Patna High Court CR. MISC. No.45968 of 2019(2) dt.25-07-2019 2/2 also been submitted that petitioners have no criminal antecedent and have falsely been implicated in this case. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, this application is allowed. Let the petitioners, above named, in the event of their 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 Special Judge Excise, Muzaffarpur, in connection with Kudhni P.S. Case No. 65/19, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) sunilkumar/- U T