Mintu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74314 of 2024 Arising Out of PS. Case No.-125 Year-2024 Thana- CHANDI District- Bhojpur ====================================================== Abhay Kumar son of Arjun Yadav @ Arjun Singh Village- Ram dihan tola, Ps- chandi, Dist- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 75694 of 2024 Arising Out of PS. Case No.-125 Year-2024 Thana- CHANDI District- Bhojpur ====================================================== Mintu Kumar Son of Bhuar Singh @ Sahendra Singh village- Ram Dihal Tola, Ps- Chandi, Dist- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 75887 of 2024 Arising Out of PS. Case No.-125 Year-2024 Thana- CHANDI District- Bhojpur ====================================================== Ritik Kumar Son of Indal Kumar @ Indal Yadav Resident of Village- Ram Dihal Tola, P.S.- Chandi, Distt.- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 74314 of 2024) For the Petitioner/s :
Mr. Prabhat Kumar Singh For the Opposite Party/s :
Mr. Pradeep Narain Kumar (In CRIMINAL MISCELLANEOUS No. 75694 of 2024) For the Petitioner/s :
Mr. Prabhat Kumar Singh For the Opposite Party/s :
Mr. Pradeep Narain Kumar (In CRIMINAL MISCELLANEOUS No. 75887 of 2024) For the Petitioner/s :
Mr. Prabhat Kumar Singh For the Opposite Party/s :
Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
Patna High Court CR. MISC. No.74314 of 2024(2) dt.12-11-2024 2/3 ORAL ORDER 12-11-2024
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Chandi Police Station Case No. 125 of 2024, disclosing offences under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act 2018.
3. As per the prosecution, 150 liters of country made liquor has been recovered from near the bank of the river. The police on the basis of secret information, that petitioners were indulged in sale of mahua wine, arrived there and recovered the mahua liquor.
4. Learned Counsel for the petitioners submits that petitioners have not committed any offence as alleged and they have been made accused on the basis of secret information only. The mahua liquor has not been recovered from the conscious possession and/or premises belonging to the petitioners and the petitioners are not having any criminal antecedent of similar nature of offence under the Excise Act.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that liquor has not been recovered from the conscious possession and/or premises belonging to the petitioners, I am inclined to grant the
Patna High Court CR. MISC. No.74314 of 2024(2) dt.12-11-2024 3/3 petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise Court 1st Bhojpur at Ara, in connection with Chandi Police Station Case No. 125 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) HarshPandey/- U T