Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5797 of 2019 Arising Out of PS. Case No.-717 Year-2018 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== PRINCE KUMAR S/o Suraj Sah Resident of Village - Sri Krishna Nagar , Ward no. 20, P.S.- Gopalganj, Distt.- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harendra Prasad For the Opposite Party/s :

Mr.Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-02-2019 Heard both sides.

The petitioner apprehends his arrest in Gopalganj Town P.S. case No. 717 of 2018 registered under Section 30 (a) of the Bihar Prohibition & Excise Act.

The police went to verify secret information and saw that two persons were sitting on a motor cycle near the house of Prince Kumar but after seeing the police both persons fled away leaving the motor cycle on the spot. The police searched the semi constructed house and recovered a bag containing 3 liter IMFL.

The submission is that there is no material to show that kept the bag in the room of semi constructed house. The house is open from all sides and anybody can keep the small

Patna High Court Cr.Misc. No.5797 of 2019(2) dt.01-02-2019 2/2 quantity of liquor inside the house.

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-II-cumSpecial Judge, Excise Act, Gopalganj in connection with Gopalganj Town P.S. case No. 717 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