Oral order granting anticipatory bail to petitioner in connection with PS Case No. 152/2019 registering offence under Bihar Prohibition and Excise Act, 2016 punishable under S. 30(a).
Anticipatory bail granted subject to bail bond of Rs. 10,000 with two sureties and conditions under Section 438(2) CrPC.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.68316 of 2019
Arising Out of PS. Case No.-152 Year-2019 Thana- ALAMGANJ District- Patna
======================================================
MUNNI LAL Son of Gauri Shankar Rai Resident of Village - Khara Kuan, Idgah Road, P.S.- Alamganj, Dist.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Vinod Pandey For the Opposite Party/s : Mr.Pushpa Sinha.1 ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
3 03-12-2019 Heard the learned counsel for the petitioner and the
learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Special Case No. 2112 of 2019 arising out of Alamganj P.S. Case No. 152 of 2019 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.
The allegation is regarding recovery of 63 liters of illicit liquor from the house of the co-accused person, namely, Pramod Sah, but during the course of the interrogation, he had disclosed to the police that the petitioner herein is the person from whom, he purchased the illicit liquor.
The learned counsel for the petitioner submits that neither any recovery has been made from the possession of the
Patna High Court CR. MISC. No.68316 of 2019(3) dt.03-12-2019 2/2
petitioner as far as the illicit liquor is concerned nor the petitioner is having any complicity in the matter and he has been falsely implicated merely on the confessional statement of the co-accused person, namely, Pramod Sah. It is further submitted that considering the allegations levelled in the FIR, no case is made out under the provisions of the Bihar Excise and Prohibition Act, 2016.
Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Patna in connection with Special Case No. 2112 of 2019 arising out of Alamganj P.S. Case No. 152 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Mohit Kumar Shah, J)
ajay gupta/-
U T
MUNNI LAL
The State of Bihar
MOHIT KUMAR SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
