Tinku Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66865 of 2018 Arising Out of PS. Case No.-276 Year-2018 Thana- ARA NAGAR District- Bhojpur ====================================================== Tinku Kumar Son of Dadan Prasad Resident of Bind Toli, Police Station- Ara Town in the District of Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar, Advocate For the Opposite Party/s :

Mr. Sri S. Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 14-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is apprehending his arrest for the offences punishable under Section 30(a) of the Bihar Prohibition Excise Act.

The allegation is of recovery of 1.080 liters of english wine.

It is submitted by petitioner's counsel that recovery has been made from the possession of co-accused Ram Ratan Ram and not from the instant petitioner. It is also submitted that recovery is contrary to the procedure prescribed under Section 100 Cr.P.C and prior to the instant case the petitioner has no criminal antecedent.

Patna High Court Cr.Misc. No.66865 of 2018(2) dt.14-12-2018 2/2 In the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. Let the above named petitioner, in the facts and circumstances of the case, in the event of his arrest or surrender within four weeks from today, be released on bail on his furnishing bonds of Rs 10,000.- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Bhojpur at Ara in Ara Town P.S. Case No. 276 of 2018 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code.

1. That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

2. That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U