Arun Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65561 of 2019 Arising Out of PS. Case No.-142 Year-2019 Thana- BHAWANIPUR District- Purnia ====================================================== ARUN SHARMA S/o Asharfi Sharma R/o Chhatra Tola Sondip, P.S.- Bhawanipur, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Sinha For the Opposite Party/s :

Mr.Madan Kumar ====================================================== 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 Sections 272, 273 and 120(B) of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case as lodged by the police personnel is that on secret informant that the petitioner and other associates has kept illegal liquor at their houses, a raid was conducted and recovered 984.360 litres of liquor. Accordingly, a seizure list was prepared.

Learned counsel for the petitioner 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

Patna High Court CR. MISC. No.65561 of 2019(3) dt.15-11-2019 2/2 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 petitioner, subject to deposit of Rs. 50,000/- 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 Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Purnea in connection with Special Excise Case No. 668 of 2019 arising out of Bhawanipur Police Station Case No. 142 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