Ajit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48133 of 2019 Arising Out of PS. Case No.-181 Year-2019 Thana- HARNAUT District- Nalanda ====================================================== AJIT KUMAR Son of Anil Yadav Resident of Village- Cheran, P.S.- Harnaut, District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pankaj Kumar For the Opposite Party/s :
Mr.Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-08-2019 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
It is alleged that 3.75 litres of Indian Made Foreign Liquor were recovered from a poultry farm. The petitioner is alleged to be the care taker of the alleged poultry farm. It is submitted by learned counsel for the petitioner that the petitioner is neither the care taker of the alleged poultry farm nor is the owner of the same, statement to that effect has been made in paragraph no.7 of the petition. A statement has been made in paragraph no.3 of the petition that the petitioner is accused in one other case, in which he is on bail.
Patna High Court CR. MISC. No.48133 of 2019(2) dt.02-08-2019 2/2 Learned APP submits that the petitioner is the care taker of the alleged poultry farm.
Considering the fact that prosecution has failed to ascertain the ownership of the poultry farm in question, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned 3rd Additional District and Sessions Judge, Nalanda at Bihar Sharif in connection with Harnaut P.S. Case No. 181 of 2019, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T