Priya Ranjan Kumar @ Priy Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85526 of 2019 Arising Out of PS. Case No.-249 Year-2019 Thana- MADHUBAN District- East Champaran ====================================================== Priya Ranjan Kumar @ Priy Ranjan Kumar, S/o Late Devi Lal Prasad R/o village- Talimpur, P.S.- Madhuban, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Karandeep Kumar For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-02-2020 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Madhuban P.S. Case No.249 of 2019, registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Excise & Prohibition Act, 2016. The allegation against the petitioner is that police recovered a total quantity of 1.5 litres of illicit liquor from the husk house which was situated outside the house of the petitioner.

Mr. Karandeep Kumar, learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in this case and no illicit liquor has been recovered from inside the house or his conscious possession. Learned counsel further submits that from perusal of the First

Patna High Court CR. MISC. No.85526 of 2019(2) dt.13-02-2020 2/2 Information Report and the seizure list, it is evident that the illicit liquor has been recovered from a husk house which is situated outside the house of the petitioner and is easily accessible to all.

After having heard learned counsel for the parties and taking into consideration the fact that no illicit liquor has been recovered from the conscious possession or from inside the house of the petitioner and the petitioner has got no criminal antecedent, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, East Champaran at Motihari, in connection with Madhuban P.S. Case No.249 of 2019, subject to the condition as mentioned under Section 438 (2) of Cr.P.C. sanjeev/- (Anil Kumar Sinha, J) U T