Ashok Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83801 of 2019 Arising Out of PS. Case No.-179 Year-2019 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== 1.

Ashok Kushwaha Son of Rajbansh Kushwaha Resident of Village - Naugadh, P.S.- Bhagwanpur, District - Kaimur at Bhabua 2.

Dharamraj Ray @ Dharamraj Ram Son of Antu Ram Resident of Village - Naugadh, P.S.- Bhagwanpur, District - Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan, Advocate For the Opposite Party/s :

Mr.Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 18-12-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Bhagwanpur P.S. Case No.179 of 2019, registered for the offence punishable under Section 30 (a) of the Bihar Prohibition & Excise Act, 2016.

About 12 liters of liquor has been recovered from the forest area, however, counsel for the petitioners submits that there is no recovery from their possession. Moreover, the petitioners have got no criminal antecedent.

Looking to the entire facts and circumstances of the

Patna High Court CR. MISC. No.83801 of 2019(2) dt.18-12-2019 2/2 case, let the petitioners, above-named, be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-III-cumSpecial Judge, Excise, Kaimur at Bhabua in connection with Bhagwanpur P.S. Case No. 179 of 2019 to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with a further condition that whenever the police will call the petitioners for the purposes of investigation and interrogation, they will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled.

(Shivaji Pandey, J) V.K.Pandey/- U T