Naveen Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61163 of 2019 Arising Out of PS. Case No.-275 Year-2019 Thana- DHANARUA District- Patna ====================================================== Naveen Kumar, Son of Sidheshwar Prasad Resident of Village - Nadpura, P.S.- Dhanrua, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Nandan Pandit For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-10-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Dhanrua P.S. Case No.275 of 2019, for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act. The allegation against the petitioner as per the First Information Report is that police raided the premises in which mobile tower was erected and found illicit liquor of about 32.79 litres from a room situated near the mobile tower erected on the land of one Viveshwar Sharma.

Mr. Bachhhanlji Ojha, learned counsel appearing for the petitioner submits that petitioner has falsely been implicated in this case merely on the basis of secret information, allegedly received by the police. Learned counsel further submits that one Binay Singh was posted as a guard in the premises where

Patna High Court CR. MISC. No.61163 of 2019(2) dt.15-10-2019 2/2 the tower was standing and was arrested by the police and the petitioner is a technician under whom six towers are there including the tower from where the illicit liquor has been recovered. Learned counsel further submits that petitioner has got no criminal antecedent.

Having regard to the submissions made by the parties and taking into consideration the fact that no illicit liquor has been recovered from the conscious possession or the premises owned or guarded by the petitioner, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Spl. Judge, Excise Act, Patna, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T