Mithilesh Kumar @ Mitthu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83096 of 2019 Arising Out of PS. Case No.-282 Year-2019 Thana- PAKARIBARAW District- Nawada ====================================================== 1.

MITHILESH KUMAR @ MITTHU 2.

Bablu Yadav both are S/o Late Bundi Yadav R/o village- Bari Gulani, P.S.- Pakri Barawan (Dhamaul), District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Kumar For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-02-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 30(a), 30(d) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioners submits that there is no recovery from the conscious possession of the petitioners rather 321 litres of country made liquor has been recovered from the co-accused Sukhdev Mahto and on the confessional statement of the co-accused, name of the petitioners has come. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail petition.

In the facts and circumstances of the case, I am

Patna High Court CR. MISC. No.83096 of 2019(2) dt.13-02-2020 2/2 inclined to grant anticipatory bail to the petitioners, subject to deposit of Rs. 5000/- in the Juvenile Justice Fund of the State Social Welfare Department and on deposit of the aforesaid amount, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-II-cum-Special Judge, Nawada in connection with Pakri Barawan (Dhamaul) Police Station Case No. 282 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) devendra/- U T