Subodh Roy @ Subodh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74963 of 2019 Arising Out of PS. Case No.-334 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Subodh Roy @ Subodh Kumar aged about 23 years ( Male) Son of Kamesh Roy, Resident of village- Dhanhar Ward No.7, Police Station- Warisnagar, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-12-2019 Petitioner apprehends his arrest in connection with Excise Case No. 334 of 2019 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The allegation against the petitioner is that total quantity of 270 liters of Indian make foreign liquor has been recovered from near the door of a room situated in front of the house of the petitioner.

Sri Pramod Kumar Singh, learned counsel appearing for the petitioner submits that petitioner has unnecessarily been made accused in this case inasmuch as the house in question is owned by his father, who has already been arrested by the Police / Excise Officials. Learned counsel further submits that

Patna High Court CR. MISC. No.74963 of 2019(2) dt.18-12-2019 2/2 petitioner has got no criminal antecedent and has never been involved in any criminal case earlier.

Having heard learned counsel for the parties and taking into consideration the fact that father of the petitioner has already been arrested, the house in question is not owned by the petitioner and petitioner has got no criminal antecedent, I am inclined to grant anticipatory bail to the petitioner. Accordingly, let the petitioner, above named, in the event of his arrest or surrender before the court below within four weeks from the date of receipt of a copy of this order, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- ( ten thousand ) with two sureties of the like amount each to the satisfaction of learned 2nd Addl. Sessions Judge cum Special Judge, Excise Act, Samastipur, District - Samastipur in connection with Excise Case No. 334 of 2019 , subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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