Shankar Kumar Ram @ Shankar Kumar @ Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12277 of 2021 Arising Out of PS. Case No.-71 Year-2020 Thana- RAJAOLI District- Nawada ====================================================== SHANKAR KUMAR RAM @ SHANKAR KUMAR @ SHANKAR SINGH S/O LALJEET SINGH @ LALJIT RAM R/O VILLAGE-BAJWATRI HATHO CHAK, P.S RAJAULI, DISTRICT- NAWADA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhavesh Kumar For the Opposite Party/s :

Mr APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 23-12-2021 Heard Mr. Bhavesh Kumar, the learned counsel for the petitioner and the learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Rajauli P.S. Case No. 71 of 2020 instituted for the offences under Sections 30(a), 41 of the Bihar Prohibition and Excise Act, 2016.

Several litres of liquor is said to have been recovered from the house one Mahadev Singh and from the

Patna High Court CR. MISC. No.12277 of 2021(2) dt.23-12-2021 2/3 bank of a river.

The learned counsel for the petitioner has submitted that he has got no concern with either Mahadev Singh or the seized liquor. The petitioner is sought to be prosecuted in this case on the basis of statement made by the local persons and the Chowkidar that he was seen fleeing away from the place of raid. Apart from aforesaid evidence, there is no other material to connect the petitioner with the offence.

On these grounds, Mr. Bhavesh Kumar has argued that the offence under Excise Act cannot be said to have been made out against the petitioner.

For the reasons afore-stated, the petitioner, above named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge -II-cum-Special Judge, Nawada, in

Patna High Court CR. MISC. No.12277 of 2021(2) dt.23-12-2021 3/3 connection with Rajauli P.S. Case No. 71 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T