Saroj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 84817 of 2019 Arising Out of PS. Case No.-286 Year-2019 Thana- GAIGHAT District- Muzaffarpur ====================================================== SAROJ KUMAR, Son of Ram Babu @ Ram Babu Singh, Resident of Village - Chandpura, P.S.- Gaighat, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 272, 273, 414 and 120 (B) of the Indian Penal Code and 30 (a), 38 and 41 of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that there is recovery of 342.750 liters of foreign liquor from three different places and there is no recovery from the conscious possession of the petitioner. The petitioner has no criminal antecedent and has falsely been implicated in this case only on the basis of confession made by co-accused and except that there is nothing against the petitioner and there is no recovery either from the house of the petitioner or at his instance. The co-accused has

Patna High Court CR. MISC. No. 84817 of 2019(2) dt.14-02-2020 2/2 been granted anticipatory bail by the Co-ordinate Bench of this court vide order dated 10.12.2019 in Cr. Misc. No. 80922 of 2019.

In the aforesaid facts and circumstances of the case, I am inclined to grant anticipatory bail to the above named petitioner, subject to deposit of Rs. 5,000/- 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 a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Muzaffarpur, in connection with Gaighat (Benibad O.P.) P.S. Case No. 286 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) amitkumar/- U T