Shushil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80569 of 2019 Arising Out of PS. Case No.-198 Year-2019 Thana- UJIYARPUR District- Samastipur ====================================================== Shushil Kumar S/O Ram Naresh Mahto R/O Village- Belari, Ward No. 02, P.S.- Ujiyarpur, District- Samastipur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Kamlesh Kumar Pathak, Advocate For the Opposite Party/s :

Mr.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for anticipatory bail apprehending his arrest in a case registered for the offence under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the allegation in the FIR, on receiving secret information that one Sintu Kumar and the petitioner had hidden illicit liquor, a raid was conducted and 464 litres of IMFL was recovered from the house of Sintu Kumar.

It is submitted by learned counsel for the petitioner that even as per the FIR no recovery of any incriminating article has taken place from the person or possession of this petitioner. Except for the general allegation that this petitioner was

Patna High Court CR. MISC. No.80569 of 2019(2) dt.20-02-2020 2/2 working with Sintu Kumar, there is no material against him. The petitioner has no criminal antecedent.

The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the above stated facts and circumstances, the Court is inclined to enlarge the petitioner on bail. The petitioner, above named, in the event of his arrest or surrender in the Court below within a period of six weeks from today in connection with Ujiyarpur P.S. Case no. 198 of 2019 is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II-cum-Special Judge, Excise, Samastipur subject to the conditions as laid down in section 438(2) of Criminal Procedure Code.

(Partha Sarthy, J) Prakash/- U