Babblu Tiwary @ Bullu Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62112 of 2019 Arising Out of PS. Case No.-188 Year-2019 Thana- SAHPUR District- Bhojpur ====================================================== Babblu Tiwary @ Bullu Tiwary, Son of Late Birbahadur Tiwry Resident of Village- Barishwan, Police Station- Shahpur, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-10-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Excise Case No.1501 of 2019, arising out of Shahpur P.S. Case No.188 of 2019, for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act.

The allegation against the petitioner as per the First Information Report is that police raided the house of Dipak Tiwary and recovered a total quantity of 44.145 litres of illicit liquor and 50.4 litres of illicit liquor was also recovered from the house of one Pravin Tiwary. It has further been alleged that the name of the petitioner has been disclosed by Dipak Tiwary as one of the accomplices of the co-accused who used to provide illicit liquor to co-accused Dipak Tiwary and Praveen Tiwary.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and

Patna High Court CR. MISC. No.62112 of 2019(2) dt.21-10-2019 2/2 he has falsely been implicated in this case merely on the basis of statement made by co-accused from whose possession illicit liquor has been recovered. Learned counsel further submits that no illicit liquor has been recovered from the conscious possession or the house belonging to the petitioner.

After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that petitioner has got no criminal antecedent and no illicit liquor has been recovered from his house or his conscious possession, 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 Additional Sessions Judge-4th-cum-Special Judge, Excise, Bhojpur, Ara, subject to the condition as mentioned under Section 438 (2) of Cr.P.C. sanjeev/- (Anil Kumar Sinha, J) U T