Amresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64534 of 2019 Arising Out of PS. Case No.-15 Year-2019 Thana- BANSHI District- Jehanabad ====================================================== 1.

AMRESH KUMAR Son of Ramakant Singh Resident of Village Chamandi P.S. Kurtha, District- Arwal.

2.

Ram Janam Kumar @ Ram Janam Yadav Son of Ramashray Singh Resident of Village Chamandi P.S. Kurtha, District- Arwal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Paras Nath For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-10-2019 This application, for grant of anticipatory bail, arises out of Excise Case No. 346/019 arising out of Banshi P.S. Case No. 15/019, disclosing offences under Sections 30 (a)(b)( c) of the Bihar Prohibition and Excise Act.

As per F.I.R., there is recovery of 30 litres of country made liquor from the Bhatthi of co-accused Bimal Yadav and petitioner and others succeeded in fleeing away. Submission of learned counsel for the petitioner is that he has falsely been implicated in this case at the instance of Dafadar, who took the name of petitioner. Further submission is that there is no recovery either from the house of the petitioner or at his instance.

Patna High Court CR. MISC. No.64534 of 2019(2) dt.15-10-2019 2/2 Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge -II-cum-Special Judge, Excise Act, Jehanabad, in connection with Excise Case No. 346/019 arising out of Banshi P.S. Case No. 15/019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) sunilkumar/- U T