Munna Kumar @ Avinash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81025 of 2019 Arising Out of PS. Case No.-136 Year-2019 Thana- HASPURA District- Aurangabad ====================================================== MUNNA KUMAR @ AVINASH KUMAR Son of Pramod Prasad Resident of Village - Itawa, P.S.- Haspura, Distt - Aurangabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Leelawati Kumari For the Opposite Party/s :
Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-12-2019 Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner apprehends his arrest in connection with Haspura P.S. Case No. 136 of 2019 for the offence punishable under Section 30(c)(d) of the Bihar Prohibition and Excise Act, 2018.
The allegation is regarding recovery of utensil etc. alleged to be used in manufacturing illicit liquor from an old house purchased by the co-accused person namely Pintu Kumar and the petitioner herein.
The learned counsel for the petitioner has submitted that the petitioner is having a clean antecedent. It is further submitted that no recovery of any kind of illicit liquor has been made from the petitioner , hence no case under the
Patna High Court CR. MISC. No.81025 of 2019(2) dt.10-12-2019 2/2 provisions of the Bihar Prohibition and Excise Act, 1915 is made out.
Having regard to the facts and circumstances of the case, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioner above named is directed to be released on anticipatory bail on furnishing bailbonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge VII, cum- Special Judge (Excise), Aurangabad in connection with Haspura P.S. Case No. 136 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.
(Mohit Kumar Shah, J) Tiwary/- U T