Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72757 of 2019 Arising Out of PS. Case No.-126 Year-2019 Thana- HASPURA District- Aurangabad ====================================================== 1.

PAWAN KUMAR Son of Sri Sanjay Sharma Resident of Village - Pathraur, P.S.- Haspura, Distt - Aurangabad.

2.

Chhotu Kumar @ Rohit Kumar Son of Sri Sanjay Sharma Resident of Village - Pathraur, P.S.- Haspura, Distt - Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivendra Prasad For the Opposite Party/s :

Mr.Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-01-2020 Heard learned counsel for the parties.

Petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Informant who is police officer has alleged in his written report that while he was on day patrolling he received confidential information that petitioners are engaged in sale of illicit foreign liquor from their field and as they reached the place, two miscreants fled away and the villagers disclosed that they were petitioners.

It has been submitted on behalf of the petitioners that neither they have been apprehended at the place of occurrence

Patna High Court CR. MISC. No.72757 of 2019(2) dt.21-01-2020 2/2 nor any illicit liquor has been recovered from their possession. Recovery is from open field which is accessible to all. Petitioners have got no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above in the event of their arrest or surrender before the court below within a period of four weeks, be released on anticipatory bail upon furnishing bail bond of Rs. 20,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Haspura P.S. Case No. 216 of 2019, subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(S. Kumar, J) ranjan/- U