Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80708 of 2019 Arising Out of PS. Case No.-427 Year-2019 Thana- PUPRI District- Sitamarhi ====================================================== ANIL KUMAR Son of Shankar Sah Resident of Village - Pupri Bajar ward no.- 10, P.S. - Pupri, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-12-2019 Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Informant who is police officer in his written report has stated that he received confidential information that in the house of Shankar Sah, illicit liquor has been kept and when he reached the place of occurrence two persons started fleeing away, however, one was apprehended at the spot who disclosed his name as Anil Kumar and the name of person who fled away as Shankar Sah. From the said house 151.920 litres of illicit liquor was recovered.

It has been submitted on behalf of the petitioner that nothing has been recovered from the possession of the

Patna High Court CR. MISC. No.80708 of 2019(2) dt.09-12-2019 2/2 petitioner. Petitioner has got no criminal antecedent and is in custody since 13.10.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Pupri P.S. Case No. 427 of 2019, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U