Shivam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9760 of 2019 Arising Out of PS. Case No.-226 Year-2018 Thana- GAURICHAK District- Patna ====================================================== Shivam Kumar aged about 25 years, Gender-Male, S/o Triloki Ram, Resident of Village- Kandap, Police Station- Gaurichak. district- patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad For the Opposite Party/s :

Mr. Arvind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-02-2019 Heard learned Counsels for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 30(a) and 37(b)of the Bihar Prohibition and Excise Act, 2016.

The prosecution case as per the self statement of S.I., Murari, SHO Gaurichak Police Station is to the effect that on secret information, two persons were intercepted carrying 15 litres of illicit country made Mahua liquor. It is further alleged that from the roof of the house of the petitioner, 4.500 litres of Indian made Foreign Liquor were recovered.

It is submitted by learned counsel for the petitioner that the recovery has been made from the open roof of the joint family house of the petitioner. A statement has been made in paragraph

Patna High Court Cr.Misc. No.9760 of 2019(2) dt.19-02-2019 2/2 no. 3 of the petition that the petitioner is not having any criminal antecedent.

It is submitted by learned APP for the State that the recovery has been made from the house of the petitioner. Considering the quantity of recovery and recovery being made from the joint family house of the petitioner, the material on record does not suggest that sample of seized material has been transmitted for chemical examination, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Patna in connection with Spl. Case No.6355 of 2018 arising out of Gaurichak P.S. Case No.226 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Deepak/Rahul/- U T