Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82389 of 2019 Arising Out of PS. Case No.-482 Year-2019 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== AMIT KUMAR Son of Lalan Kumar @ Lalan Kuwar R/O Village - Itwa, P.S. - Begusarai Muffasil (Singhaul), District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Prakash Singh For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-12-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Begusarai Muffasil P.S. Case No. 482 of 2019 for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2016/2018 and Sections 414, 120B of the Indian Penal Code.

The allegation is regarding recovery of huge quantity of illicit liquor from the northern corner of Ara machine campus of the co-accused person, namely, Rohit Kumar. The learned counsel for the petitioners submits that the name of the petitioner has transpired in the present case upon confessional statement having been made by the said co-

Patna High Court CR. MISC. No.82389 of 2019(2) dt.12-12-2019 2/2 accused Rohit Kumar. It is further submitted that neither any recovery of illicit liquor has been made from the possession of the petitioner nor from his house, hence the provisions of Bihar Prohibition and Excise Act are not attracted in the present case. 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-2-cum Special Judge, Excise Act, Begusarai Civil Court, Begusarai in connection with Begusarai Muffasil P.S. Case No. 482 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