Samar Sarkar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67024 of 2019 Arising Out of PS. Case No.-90 Year-2018 Thana- AMBA District- Aurangabad ====================================================== Samar Sarkar Son of Late Sudhir Sharkar Resident of Village - 3/13A, Vidya Sagar, P.S.- Netajee nagar, Dist-South 24 Pargana Kolkatta - 700047. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Sinha For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-03-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Amba P.S. Case No. 90 of 2018 registered for the offences punishable under Section 30(k)/38 of Bihar Prohibition and Excise Act, 2018 and Section 414 of the Indian Penal Code. In course of routine checking country made liquor was recovered from a vehicle. Furthermore, in course of investigation, it came to light that petitioner was owner of the aforesaid seized vehicle.

Submission on behalf of the petitioner is that petitioner had already sold the aforesaid vehicle which is evident from perusal of Annexure-3 to the petition. He further

Patna High Court CR. MISC. No.67024 of 2019(5) dt.06-03-2020 2/2 submits that petitioner happens to be Superintendent Engineer in West Bengal and does not have any criminal antecedent. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within six weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VII cum Special Judge (Excise), Aurangabad in Amba P.S. Case No. 90 of 2018, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) shahzad/- U T