Bishwanath Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69599 of 2019 Arising Out of PS. Case No.-357 Year-2019 Thana- MOTIPUR District- Muzaffarpur ====================================================== BISHWANATH SAH, aged about 42 years (Male), S/o Late Ramchandra Sah, Resident of Purani Bazar, P.S.- Motipur, District- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr.Adv.
: Mr.Dhananjaya Nath Tiwari, Adv. : Ms. Pretty Kunwar, Adv.
For the Opposite Party/s :
Mr.Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-11-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 30 (a), 41 (i) (ii) of the Bihar Prohibition and Excise Act, 2016 and further under Sections 272 and 273 of the Indian Penal Code. Learned counsel for the petitioner submits that there is recovery of total 820. 800 liters wine & 175 of spirit from the Bathan of co-accused Tuntun Rai and there is no recovery from the conscious possession of the petitioner.
In the aforesaid facts and circumstances of the case, I am inclined to grant anticipatory bail to the above named petitioner, subject to deposit of Rs. 50,000/- in the court below
Patna High Court CR. MISC. No.69599 of 2019(2) dt.19-11-2019 2/2 and on deposit of the aforesaid amount, 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 bonds of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Muzaffarpur, in connection with Motipur P.S. Case No. 357 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 criminal case.
(Anjani Kumar Sharan, J) amitkumar/- U T