Jhunmun Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65617 of 2019 Arising Out of PS. Case No.-153 Year-2019 Thana- DARAUNDA District- Siwan ====================================================== 1.

JHUNMUN TIWARI Son of Satyendra Tiwari.

2.

Maya Devi Wife of Satyendra Tiwari both are Resident of Village-Tadwa Parsa, Police Station-M.H.Nagar, District-Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-11-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 30(a), 32(ii) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioners submits that there is recovery of total 1517.040 litres of illegal liquor. Learned counsel further submits that there is no recovery from the conscious possession of the petitioners rather it is recovered from the joint house of the petitioners. He further submits that the petitioner has no criminal antecedent.

In the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners, subject to

Patna High Court CR. MISC. No.65617 of 2019(2) dt.15-11-2019 2/2 deposit of Rs. 50,000/- in the court below and on deposit of the aforesaid amount, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Siwan in connection with Daraunda Police Station Case No. 153 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Such deposit of Rs. 50,000/- shall abide by the outcome of the pending criminal case.

(Anjani Kumar Sharan, J) devendra/- U T