Priyanshu Kr. Tiwari @ Priyanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77624 of 2019 Arising Out of PS. Case No.-44 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== PRIYANSHU KR. TIWARI @ PRIYANSHU KUMAR Son of Late Kaushal Kumar Tiwari @ Kaushal Kishore Tiwari Resident of Village - Nathanpura, Post - Bharatpura, P.S.- G.B. Nagar, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Aslam Ansari For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-12-2019 This application, for grant of anticipatory bail, arises out of Excise Case No. C-III-44/19 (Trial No. 4485/19), disclosing offences under Sections 30(a) of the Bihar Prohibition of Excise Act, 2016.

Allegation as per prosecution report is of recovery of 173 litres of foreign liquor from the abandoned house of one Om Prakash Singh. It further appears that earlier, the petitioner was not named in the report but later on his name transpired in course of investigation.

Submission of learned counsel for the petitioner is that he has no criminal antecedent and has falsely been made accused in this case and co-accused, namely, Sabe Kumar Tiwari @ Sabhay tiwari, who was named in the F.I.R. has been

Patna High Court CR. MISC. No.77624 of 2019(2) dt.02-12-2019 2/2 granted the privilege of anticipatory bail by a coordinate Bench of this Court vide order dated 22.07.2019 passed in Cr. Misc. No. 28156 of 2019.

Learned counsel for the State opposed the prayer for anticipatory bail, however, he could not satisfy the court as to what are the materials against the petitioner. Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -II-cum-Special Judge, Excise, Siwan, in connection with Excise Case No. C-III-44/19 (Trial No. 4485/19), subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T