Rahul Kumar @ Rahul Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25831 of 2016 Arising Out of PS.Case No. -68 Year- 2016 Thana -BIKRAM District- PATNA ====================================================== Rahul Kumar @ Rahul Singh, Son of Makeshwar Singh @ Mangleshwar Singh, Resident of Village- Khajuri, P.S.- Naubatpur, District- Patna. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Rajesh Kumar, Advocate.
For the Opposite Party : Mr. Yogendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-09-2016 Learned counsel for the petitioner is permitted to make necessary correction in paragraph-3 of the bail petition. Heard both sides.
The petitioner apprehends his arrest in Bikram P.S. Case No. 68 of 2016 registered for the offences punishable under Section 290 of the Indian Penal Code and Section 47(A) of the Bihar Excise Act, 2016.
The informant got information that country made liquor of Mahua was being prepared in the premises of Aryan brick kiln. The police after having received such information went to the place of occurrence along with Mukhiya, Sarpanch and Chowkidar and recovered 60 liters of country made liquor made of Mahua besides huge quantity of Jawa Mahua. Sarpanch, Mukhiya of the
Patna High Court Cr.Misc. No.25831 of 2016 (3) dt.15-09-2016 2/2 Panchayat disclosed that the petitioner was indulged in the business of preparing country made liquor.
Learned counsel for the petitioner submits that the petitioner was not present at the place of occurrence and he had no knowledge about the preparation of country made liquor. The liquor was recovered by the side of the land of the brick kiln but it appears that Sarpanch, Mukhiya and other persons disclosed that it was the petitioner who was indulged in preparing country made liquor and thereafter 60 liters of country made liquor was recovered by the side of the petitioner's land. Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail in Bikram P.S. Case No. 68 of 2016 and the same is rejected. (Prabhat Kumar Jha, J.) KKSINHA/- U T