Chunchun Singh @ Chunchun Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65729 of 2018 Arising Out of PS. Case No.-725 Year-2018 Thana- SONEPUR District- Saran ====================================================== CHUNCHUN SINGH @ CHUNCHUN KUMAR SINGH, aged about 34 years, Son of Gajendra Singh, Resident of Village- Baijalpur, P.S.- Sonpur, District- Saran.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ram Babu For the Opposite Party/s :

Mr. Sri Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-12-2018 Heard learned counsel for the parties.

Petitioner is apprehending arrest in connection with Sonepur PS Case No. 725/2018 for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel appearing for the petitioner submits that the petitioner has no criminal antecedent. He submits with reference to the prosecution case that the allegation against the petitioner is that the petitioner was was found fleeing away from the place of occurrence where liquor was found. He submits that provisions of the Bihar Prohibition and Excise Act is attracted only when a person is found to have committed any offence. There is only suspicion that he was fleeing away from the place of occurrence. In that view of the matter, the petitioner deserves

Patna High Court Cr.Misc. No.65729 of 2018(2) dt.13-12-2018 2/2 privilege of anticipatory bail.

Considering the aforesaid, this application is allowed. Accordingly, in the event of arrest or surrender before the court below within a period of one month from today, the petitioner above named, is directed to 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 the Addl. District Judge VI (Excise) Saran, Chapra in connection with Sonepur PS Case No. 725/2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Upadhyay, J) mrl./- U T