Chandeshwari Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69178 of 2019 Arising Out of PS. Case No.-337 Year-2019 Thana- SAUR BAZAR District- Saharsa ====================================================== CHANDESHWARI PODDAR Son of Late Dhodhai Poddar Resident of Baijnathpur Patel Chouk, P.S.- Sourbazar, (Baijnathpur Police Sivir), District - Saharsa ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in a case registered under Sections 272, 273, 34 of the Indian Penal Code and Section 30(A) of Bihar Prohibition and Excise Act, 2016. Informant is the police officer, who has alleged in his self statement that on specific information received that coaccused Dipak Poddar was carrying illicit liquor on a bus, a raid was conducted and allegation against petitioner is that he tried to hide the illicit liquor to save his son and also fled away from the spot. However, his son was arrested. It has been submitted on behalf of petitioner that petitioner is innocent and nothing has been recovered from his

Patna High Court CR. MISC. No.69178 of 2019(2) dt.18-12-2019 2/2 possession and he is not involve in any case arising out of excise act. Petitioner was neither apprehended on the spot nor any illicit liquor has been recovered from his possession as such no offence is made out under excise act against petitioner. Considering the facts and circumstances of the case, prayer of anticipatory bail is allowed and petitioner named above in the event of arrest or surrender before the court below within four weeks from today, Petitioner is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Special Excise Case No. 389/19 arising out of Sour Bazar P.S. Case No. 337 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (S. Kumar, J) veena/- U T