Bhushan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52204 of 2019 Arising Out of PS. Case No.-541 Year-2015 Thana- FATUA District- Patna ====================================================== Bhushan Singh, Son of Jamun Singh Resident of Village - Abdalpur, P.S.- Fatuha, Dist.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nawal Kishore Prasad For the Opposite Party/s :

Mr.Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-08-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Fatuha P.S. Case No.541 of 2015 for the offence punishable under Sections 272, 273, 290 of the Indian Penal Code and 47 (A) of Excise Act. The allegation against the petitioner is that the police on secret information reached near Abdalpur Badhar Par and upon seeing the police party, some persons fled away from the place of occurrence. It has further been alleged that police party recovered about 25 litres of illegal liquor kept in big gallon and some Mahua kept in utensil. It has further been alleged that gallon belongs to the petitioner and others.

Learned counsel appearing for the petitioner submits that petitioner has falsely been implicated in this case and he is having no criminal antecedent. Learned counsel further submits that the illicit liquor has been recovered from near the Ring Bandh and not

Patna High Court CR. MISC. No.52204 of 2019(2) dt.21-08-2019 2/2 the premises belonging to the petitioner and the name of the petitioner has come on the basis of some information allegedly received by the police.

After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that petitioner has got no criminal antecedent and further no illicit liquor has been recovered from the conscious possession or from the premises belonging to the petitioner, as such, 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 A.C.J.M.-V, Patna City, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

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