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Patna High CourtCR. MISC./2158/2019bail granted

Vivekanand Kumar @ Bikku @ Bivekanand v. The State Of Bihar

2019-01-21Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2158 of 2019 Arising Out of PS. Case No.-155 Year-2018 Thana- NAWADA MUFFASIL District- Nawada ====================================================== Vivekanand Kumar @ Bikku @ Bivekanand S/o Naresh Singh Resident of Village - Bhadakhra P. S. Mufassil District Nawadah ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hansraj For the Opposite Party/s :

Mr.S.D.Singh Yadav (App 131) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-01-2019 Heard both sides.

The petitioner apprehends his arrest in Muffasil P.S. case No. 155 of 2018 registered under Section 30A of the Bihar Prohibition & Excise Act.

The informant alleged that on information raid was conducted in the shop of Pintu Kumar and illicit liquor was recovered from his shop. When the informant was coming out from the shop after raid the informant saw two persons coming on a motor cycle. On suspicion they were apprehended. They disclosed their names as Dilip Kumar and Sudhanshu Kumar and from their possession illicit liquor was recovered. They disclosed that the petitioner supplied liquor to them. The learned counsel for the petitioner submits that nothing has been recovered from the possession of the

Patna High Court Cr.Misc. No.2158 of 2019(2) dt.21-01-2019 2/2 petitioner. Name of the petitioner surfaced in the case on the basis of so called disclosure made by Dilip Kumar and Sudhanshu Kumar.

It appears that there is no tangible material against the petitioner to show that petitioner supplied any liquor to Dilip Kumar and Sudhanshu Kumar.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to 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-cumSpecial Judge, Nawada in connection with Muffasil P.S. Case No. 155 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/- U T