Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13592 of 2019 Arising Out of PS. Case No.-220 Year-2018 Thana- CHARPOKHARI District- Bhojpur ====================================================== Rahul Kumar Son of Rajeshwar Singh, R/o village-Madaraha, P.SCharpokhari, Dist.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-03-2019 Heard both sides.

The petitioner apprehends his arrest in Charpokhari P.S. Case No.220 of 2018 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

The S.H.O. of Charpokhari P.S. disclosed that he got secret information that the petitioner was going to sell liquor and then he informed the Chowkidar to remain near Railway Crossing. When the informant reached there, the Chowkidar is said to have disclosed that the petitioner along with others dropped the gallon containing liquor and fled away. Learned counsel for the petitioner submits that the Chowkidar has falsely named the petitioner. The petitioner has no manner of concern with the said gallon containing country made liquor. The petitioner has got no criminal antecedent and

Patna High Court CR. MISC. No.13592 of 2019(2) dt.07-03-2019 2/2 there is no independent witness to show that the petitioner was carrying any liquor.

Having considered the facts aforesaid, the above named petitioner, 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 learned 4th Additional Sessions Judge-cumSpecial Judge, Excise, Bhojpur at Ara in connection with Excise Case No.1993(A) of 2018 arising out of Charpokhari P.S. Case No.220 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Harish/- U T