Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62094 of 2019 Arising Out of PS. Case No.-333 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Sudhir Kumar, Son of Late Indradeo Ray, Resident of village- Nikaspur, Ward no. 8, Police Station- Tajpur, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rana Sanjay Kumar Singh For the Opposite Party/s :

Mr.Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-10-2019 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.333 of 2019, for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

The allegation against the petitioner is that the house of the petitioner was raided by the police and during raid, police recovered a total quantity of 20 litres of illicit liquor from the house belonging to the petitioner as well as his cousin brother. Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and there is joint house of the petitioner as well as his cousin

Patna High Court CR. MISC. No.62094 of 2019(2) dt.18-10-2019 2/2 brother and the Excise official has arrested his cousin brother and also recovered illicit liquor from Varamada of the house. Learned counsel further submits that petitioner has falsely been implicated in this case with oblique motive.

Having regard to the submissions made by the parties and taking into consideration the fact that the house, in question, belongs to petitioner as well as his cousin brother and his cousin brother has already been arrested along with illicit liquor, 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 2nd Additional Sessions Judge-cum-Special Judge, Excise, Samastipur, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

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