Kari Rai @ Pyush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3293 of 2019 Arising Out of PS. Case No.-136 Year-2018 Thana- PHULWARIA District- Begusarai ====================================================== Kari Rai @ Pyush Kumar, Son of Late Satrudhan Ray @ Nago Ray, Resident of village Shokahara-1, PS Fulwariya, District Begusarai. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kumar Sinha For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-01-2019 Heard both sides.

Petitioner apprehends his arrest in Fulwariya P.S. Case No.136 of 2018 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The police got information that petitioner was indulged in selling illicit liquor in the market and has kept liquor behind the primary school. On such, a raid was conducted and liquor was recovered from the bush situated behind the primary school.

Learned counsel for the petitioner submits that no material is collected to show that the petitioner used to sell any liquor to anybody. On mere disclosure made by the S.H.O. that the petitioner was indulged in selling illicit liquor, the petitioner was implicated in this case. No liquor was recovered from the

Patna High Court Cr.Misc. No.3293 of 2019(2) dt.24-01-2019 2/2 conscious possession of the petitioner.

Considering the facts aforesaid and the fact that no liquor was recovered from the conscious possession of the petitioner, let 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 of this order be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Begusarai-cum-Special Judge, Excise Act in connection with Fulwariya P.S. Case No.136 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Prabhat Kumar Jha, J) S.KUMAR/- U T