Pintu Kumar @ Pintu Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88776 of 2024 Arising Out of PS. Case No.-1417 Year-2024 Thana- Excise P.S. District- Muzaffarpur ====================================================== Pintu Kumar @ Pintu Kumar Rai S/O Ramchandra Prasad @ Ramchandra Mahto R/O Village- Keshopur, Ward No.- 08, P.S- Sakra, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar Anand For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-01-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Muzaffarpur Excise P.S. Case No.1417 of 2024 disclosing offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the F.I.R., on 05.08.2024, the Police got the secret information that the petitioner with co-accused Sanjay Kumar has stored the illicit liquor in the field, 35 meters away from the road. The Police arrived at the place of occurrence and upon seeing the police party, the persons assembled there succeeded in fleeing away. The Police recovered 13.50 liters of liquor from the field.

4. Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.88776 of 2024(2) dt.22-01-2025 2/2 petitioner has been made accused on the basis of secret information. The liquor has been recovered from the field, which is an open space and is accessible to all.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the liquor has been recovered from an open space not belonging to the petitioner and his name has transpired on the basis of a confessional statement, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, 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 learned Exclusive Special Judge Excise, Court No.II, Muzaffarpur, in connection with Muzaffarpur Excise P.S. Case No.1417 of 2024 subject to the condition laid down under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. (Anil Kumar Sinha, J) sharun/- U T