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Patna High CourtCR. MISC./86456/2019allowed

Chandra Bhan Kushwaha @ Chandra Bhan Singh v. The State Of Bihar

2020-02-18Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86456 of 2019 Arising Out of PS. Case No.-155 Year-2019 Thana- NAUTAN District- Siwan ====================================================== Chandra Bhan Kushwaha @ Chandra Bhan Singh, aged about 40 eyars, Male, Son of Ramanand Bhagat, Resident of Village - Sagra, P.S.- Nautan, Distt - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramchandra Sahni, Advocate For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Nautan P.S. Case No. 155 of 2019 registered for t he offence punishable under Sections 30(A)/41(i) of Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that there is recovery of 17.280 liters of foreign liquor from the silver colour Wagon R four wheeler. Learned counsel for the petitioner further submits that there is no recovery from the conscious possession of the petitioner. Learned counsel for the petitioner further submits that the petitioner has been made accused on the basis of confessional statement of the co-accused. He further

Patna High Court CR. MISC. No.86456 of 2019(2) dt.18-02-2020 2/2 submits that the petitioner has got no criminal antecedent. In the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner, subject to deposit of Rs.2,000/- in the Juvenile Justice Fund of the State Social Welfare Department and on deposit of the aforesaid amount, in the event of his arrest or surrender before the court below within six weeks from the date of communication of this order, the court below shall release him on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 2nd cum Special Judge, Excise, Siwan in connection with Nautan P.S. Case No. 155 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) Nasimul/- U T