Navin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86150 of 2019 Arising Out of PS. Case No.-45 Year-2019 Thana- BITHAN BAZAR District- Samastipur ====================================================== Navin Kumar, Son of Arun Kumar Mahto @ Arun Mahto, Resident of Village - Telani, P.S.- Bithan, Distt - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raja Ram Mishra For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-02-2020 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Bithan P.S. Case No.45 of 2019, registered, for the offence punishable under Sections 30(a) and 32(3) of Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner as per first information report is that police intercepted one motorcycle on which two persons were riding. It has further been alleged that upon seeing the police party, two persons riding on the motorcycle fled away leaving the motorcycle on the road and the police recovered a total quantity of 5 litres 250 ML of illicit foreign liquor from the said motorcycle along with two mobile

Patna High Court CR. MISC. No.86150 of 2019(2) dt.26-02-2020 2/3 phones and owner book of the motorcycle in the name of one Pankaj Kumar.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case on the basis of the fact that his mobile was allegedly been found by the police in the dickey of the motorcycle whereas from perusal of the first information report, it would be evident that mobile of the petitioner had already been lost. Learned counsel further submits that no illicit liquor has been recovered from the conscious possession or from the vehicle belonging to the petitioner.

After having heard learned counsel for the parties and taking into consideration the fact that no illicit liquor has been recovered from the conscious possession of the petitioner or the vehicle belonging to him, I am inclined to grant anticipatory bail to the the petitioner.

Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.86150 of 2019(2) dt.26-02-2020 3/3 ADJ-II-cum-Special Judge, Excise Act, Samastipur, in connection with Bithan P.S. Case No.45 of 2019, subject to the condition as mentioned under Section 438 (2) of Cr.P.C. (Anil Kumar Sinha, J) sanjeev/- U