Pintu Kumar @ Pintu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59745 of 2019 Arising Out of PS. Case No.-116 Year-2019 Thana- SALAKHUA District- Saharsa ====================================================== Pintu Kumar @ Pintu Yadav Son of Sajendra Yadav Resident of Village - Koparia, P.S.- Salkhua, Dist.- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-09-2019 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner apprehends his arrest in connection with Salkhua P.S. Case No. 116 of 2019, registered under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The allegation against the petitioner, as per FIR, is that the police seized 744 liters of illicit liquor from the pickup van standing near the house of Ranjit Yadav.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case inasmuch as his name has been disclosed by the arrested co-accused persons from the spot. He further submits that pickup van from where illicit liquor has been recovered does not belong to the

Patna High Court CR. MISC. No.59745 of 2019(2) dt.24-09-2019 2/2 petitioner.

After having heard learned counsel for the parties and taking into consideration the fact that no illicit liquor has been recovered from the conscious possession of the petitioner and vehicle does not belong to the petitioner, I am inclined to grant anticipatory bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from today, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cumSpecial Judge, Excise, Saharsa in connection with Salkhua P.S. Case No. 116 of 2019; subject to condition as laid down hereinabove and under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) S.Katyayan/- U T