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Patna High CourtCR. MISC./57997/2019allowed

Shambhu Prasad v. The State Of Bihar

2019-11-16Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57997 of 2019 Arising Out of PS. Case No.-32 Year-2019 Thana- AUANGARI District- Nalanda ====================================================== SHAMBHU PRASAD, aged about 40 years, Male, Son of Suresh Prasad, Resident of Village - Hansepur, P.O.- Ope, P.S.- Aungari, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Adv.

For the Opposite Party/s :

Mr.Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that there is recovery of 3 liters of foreign liquor from the Dalan of Krishnandan and there is no recovery from the conscious possession of the petitioner. The petitioner has no criminal antecedent.

In the aforesaid facts and circumstances of the case, I am inclined to grant anticipatory bail to the above named petitioner, subject to deposit of Rs. 10,000/- in the court below and on deposit of the aforesaid amount, in the event of his arrest

Patna High Court CR. MISC. No.57997 of 2019(3) dt.16-11-2019 2/2 or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-3 cum Special Judge, Excise, Nalanda at Biharsharif, in connection with Aungari (Pir Bigha) P.S. Case No. 32 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

Such deposit of Rs. 10,000/- shall abide by the outcome of the criminal case.

(Anjani Kumar Sharan, J) amitkumar/- U T