Umesh Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9376 of 2019 Arising Out of PS. Case No.-203 Year-2018 Thana- PATEPUR District- Vaishali ====================================================== Umesh Ray, aged about 55 years, Male, S/o Late Shivji Ray, R/o villageChakmaki @ Chakmirbanki Ward No. -9 Bahuara, P.S.- Patepur, DistVaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dharmendra Kumar Paswan For the Opposite Party/s :
Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-02-2019 Heard both sides.
Petitioner apprehends his arrest in Patepur P.S. Case No.203 of 2018, registered under Section 30(a) of the Bihar Prohibition and Excise Act.
The police on the basis of the information recovered 69 litres of different brands of Indian made foreign liquor from a banana orchard situated behind the house of the petitioner. On the basis of which, the petitioner is made accused. Learned counsel for the petitioner submits that the petitioner has no manner of concern with the recovery of the liquor from banana orchard. Recovery cannot be said to have been made from the conscious possession of the petitioner. Petitioner has got no criminal antecedent.
Patna High Court Cr.Misc. No.9376 of 2019(2) dt.19-02-2019 2/2 Considering the facts that the recovery was made from the banana orchard situated behind the house of the petitioner and not from the conscious possession of the petitioner, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of this order, 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-cum-Special Court, Excise, Hazipur at Vaishali in connection with Patepur P.S. Case No.203 of 2018., subject to the conditions laid down under Section 438(2) Cr.P.C.
(Prabhat Kumar Jha, J) S.KUMAR/- U T