Biru Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69948 of 2019 Arising Out of PS. Case No.-275 Year-2017 Thana- SIRDALA District- Nawada ====================================================== Biru Prasad, Son of Umesh Prasad Resident of Village - Kushumbha Tari, P.S.- Sirdala Dist.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-11-2019 This is an application for grant of anticipatory bail in connection with Sirdala P. S. Case No. 275 of 2017, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per F.I.R. there is recovery of 110 liters of country made liquor from the bank of river and the petitioner is named in the F.I.R. as two persons who are manufacturing the liquor. Submission of the learned counsel for the petitioner is that except the information police has got, there is nothing against the petitioner and there is no source of information mentioned in the F.I.R. and considering the same, one coaccused has been granted privilege of anticipatory bail by a Coordinate Bench of this Court, vide order dated 28.02.2018 passed in Criminal Misc. No. 11972 of 2018. Further

Patna High Court CR. MISC. No.69948 of 2019(2) dt.14-11-2019 2/2 submission is that nothing has been recovered from the conscious possession or from the land of the petitioner. Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Additional District & Sessions Judge-II-cum-Special Judge, Nawada, in connection with Sirdala P. S. Case No. 275 of 2017, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T