Damtelu @ Dintelu Rajwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5226 of 2020 Arising Out of PS. Case No.-448 Year-2019 Thana- BIKRAMGANJ District- Rohtas ====================================================== 1.

DAMTELU @ DINTELU RAJWAR Son of Baban Rajwar Resident of Village- Dharupur, P.S.- Bikramganj, District- Rohtas at Sasaram. 2.

Sheo Shankar Ram Son of Hari Narayan Ram Resident of VillageDharupur, P.S.- Bikramganj, District- Rohtas at Sasaram. ... ... Petitioners.

Versus

THE STATE OF BIHAR ... ... Opposite Party.

====================================================== Appearance :

For the Petitioners :

Mr. Om Prakash Upadhyay, Advocate.

For the State :

Mr. Mukesh Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 26-06-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State through Video Conferencing.

The petitioners apprehend their arrest in connection with Bikramganj P.S. Case No.448 of 2019 registered under Sections 272 and 273 of the Indian Penal Code besides Section 30(a) of the Bihar Excise Act, 2018.

The accusation is that on receiving about carrying the liquor and selling the same in village-Dharupur by Hari Narayan Ram, his sons Sheo Shankar Ram (petitioner no.2), Chhotan Kumar, wife Punam Devi and neighbour Damtelu (petitioner no.1), the informant along with other police personnel reached there. In course of search of the house of Hari Narayan Ram, 234 bottles, each containing 180 ml. of Crazy Romeo Liquor, kept in a sack, were recovered from the

Patna High Court CR. MISC. No.5226 of 2020(4) dt.26-06-2020 2/2 semi constructed latrine of the house. One person was also found present in the house of Hari Narayan Ram, who, on query, disclosed his name as Chhotan Kumar alias Pashupati Parasnath Paswan, son of Hari Narayan Ram, and he was apprehended.

Learned counsel for the petitioners submits that the petitioner no.1, namely, Damtelu alias Dintelu Rajwar, is the neighbour of Hari Narayan Ram and nothing was recovered from his house. So far as the petitioner no.2, namely, Sheo Shankar Ram, is concerned, he being the son of Hari Narayan Ram has falsely been implicated in this case. Both the petitioners have no criminal antecedents.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the 2nd Additional Sessions Judge-cum-Special Judge, Excise, Rohtas at Sasaram, in connection with Bikramganj P.S. Case No.448 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T