Sanjay Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54482 of 2018 Arising Out of PS. Case No.-122 Year-2018 Thana- KOTWA District- East Champaran ====================================================== Sanjay Thakur, S/o Mahadev Thakur, R/o Vill. - Chiuataha, P.S. - Kotwa, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Karandeep Kumar For the Opposite Party/s :

Mr. Sri Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-11-2018 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 offences punishable under Sections 272, 273/34 of the Indian Penal Code and Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

The recovery of liquor is alleged from the field of Harendra Ram.

Submission is that nothing has been recovered from physical possession of the petitioner. Petitioner is named in two other cases registered for offences under the Bihar Prohibition and Excise Act, 2016. However, the FIR of those cases produced along with supplementary affidavit would show that in none of those, recovery was from possession of the petitioner. Considering the facts aforesaid, let the petitioner,

Patna High Court Cr.Misc. No.54482 of 2018(4) dt.26-11-2018 2/2 above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Kotwa Police Station Case No. 122 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T