Ajeet Mishra @ Ajit Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69670 of 2019 Arising Out of PS. Case No.-34 Year-2019 Thana- PIPRASI District- West Champaran ====================================================== Ajeet Mishra @ Ajit Mishra, aged about 33 years, Male, son of Ramapati Mishra, resident of Mohalla- Ward No. 15, Opposite of Bagha-1 Block, Shastrinagar, Police Station- Bagha-1, District- West Champaran at Bettiah ... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raghunandan Kumar Singh For the Opposite Party/s : Mr. Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Piprasi P.S. Case No. 34 of 2019 registered under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2018. The prosecution story as per the First Information Report is that the Police received a secret information that illicit liquor was kept in the field of one Chhotelal Sahni and raided the place of occurrence and recovered total quantity of 71 liters 280 ml of illicit liquor from the said field of Chhotelal Sahni. The Police also arrested two accused persons and one of the accused persons disclosed the name of the petitioner and further disclosed that the illicit liquor was to be delivered to the petitioner and others.

Learned counsel for the petitioner submits that petitioner has got no criminal antecedent and has falsely been implicated in this case on the basis of statement made by arrested co-accused person. Learned counsel further submits

Patna High Court CR. MISC. No.69670 of 2019(2) dt.26-11-2019 2/2 that illicit liquor has not been recovered from the conscious possession of the petitioner or from the premises belonging to the petitioner.

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 or the premises belonging to the petitioner and petitioner has got no criminal antecedent, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, let the petitioner, Ajeet Mishra @ Ajit Mishra, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order be released on anticipatory bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, West Champaran at Bettiah in connection with Piprasi P.S. Case No. 34 of 2019 subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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