Bedwa @ Nitish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78808 of 2024 Arising Out of PS. Case No.-235 Year-2024 Thana- KASIMBAZAR District- Munger ====================================================== Bedwa @ Nitish son of Prabhu Ray Village -Naya Tola Chandanbag PSKasim Bazar Dist- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar For the Opposite Party/s :

Mr. Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-11-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Kasim Bazar Police Station Case No. 235 of 2024, disclosing offences under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

3. As per the FIR, the police got information that petitioner along with other was bringing illicit mahua liquor from Diara on boat, proceeded towards the place of occurrence and when the police party reached near the river, they saw that two persons, petitioner as well as Rishidev Ray, were unloading the bag from the boat and keeping the same in the hut of co-

Patna High Court CR. MISC. No.78808 of 2024(2) dt.28-11-2024 2/3 accused Rishidev Ray and on seeing the police party, the accused persons fled away. Upon search, 60 liters of liquor was recovered from the hut of co-accused Rishidev Ray.

4. Learned Counsel for the petitioner submits that the petitioner has been made accused on the basis of secret information received by the police. The liquor has not been recovered from the conscious possession and/or premises belonging to the petitioner and the same has been recovered from the hut of co-accused Rishidev Ray.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that liquor has been recovered from the hut of the co-accused Rishidev Ray, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court, Excise-I, Munger, in connection with Kasim Bazar Police Station Case No. 235 of 2024, subject to the condition laid down under

Patna High Court CR. MISC. No.78808 of 2024(2) dt.28-11-2024 3/3 Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) HarshPandey/- U T