Baljit Rao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65615 of 2019 Arising Out of PS. Case No.-52 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- West Champaran ====================================================== BALJIT RAO Son of Late Joginder Rao Resident of Village - ward No.-2, Shivrajpur, P.S.- Nautan, Distt.- West Champaran. (Bettiah). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Aprajita, Adv.

For the Opposite Party/s :

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

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that there is recovery of total 42.9 litres of illegal liquor from the house of the petitioner. Learned counsel for the petitioner further submits that there is no recovery from the conscious possession of the petitioner rather it is recovered from the joint house of the petitioner. He further submits that the petitioner has no criminal antecedent regarding the Excise Act except the present case. In the facts and circumstances of the case, I am

Patna High Court CR. MISC. No.65615 of 2019(3) dt.15-11-2019 2/2 inclined to grant anticipatory bail to the petitioner, subject to deposit of Rs. 30,000/- in the court below and on deposit of the aforesaid amount, let the petitioner, above named, in the event of his 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 Special Judge, Excise, West Champaran (Bettiah) in connection with Excise Case No. 52 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Such deposit of Rs. 30,000/- shall abide by the outcome of the pending criminal case.

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