Pintu Thakur @ Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77712 of 2024 Arising Out of PS. Case No.-278 Year-2024 Thana- DIGHWARA District- Saran ====================================================== Pintu Thakur @ Pintu Kumar Son of Dharmanath Thakur Resident of VillageMirpur Bhual, Police Station - Dighwara, District - Saran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ankur Prakash Sinha, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-11-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application for grant of anticipatory bail arises out of Dighwara Police Station Case No. 278 of 2024, dated 03.08.2024, disclosing offence under Sections 30(a) of the Bihar Prohibition and Excise Act, 2018 (hereinafter referred to as 'the Act').

3. The prosecution case, as per the First Information Report, is that the police intercepted a Motorcycle and after seeing the police party, two persons riding on the motorcycle, fled away throwing the bag on the road, near the plant of S.P. Singla Company. Upon search, the police recovered 50 litres of illicit country-made liquor.

4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated on the basis of disclosure of

Patna High Court CR. MISC. No.77712 of 2024(2) dt.21-11-2024 2/2 his name by the local chaukidar. He further submits that petitioner is having no criminal antecedent and the illicit liquor has not been recovered from the premises belonging to the petitioner. He next submits that the liquor has been recovered from road side, near the plant of S.P. Singla Company.

5.Having heard learned Counsel for the parties concerned and taking into consideration the fact that petitioner is having no criminal antecedent and the illicit liquor has not been recovered from the premises belonging to the petitioner, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his 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 1st Exclusive Special Excise Court, Saran at Chapra, in connection with Dighwara P.S. Case No. 278 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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