Munna Kumar @ Munna Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1796 of 2018 Arising Out of PS.Case No. -728 Year- 2017 Thana -DEHRI TOWN District- SASARAM (ROHTAS) ====================================================== Munna Kumar @ Munna Kumar Yadav, S/o Lallan Yadav, resident of Village- Paschami Mohan Bigha, P.S.- Dehri, District- Rohtas. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-02-2018 Heard the counsel for the petitioner and the A.P.P. for the State.
Petitioner seeks regular bail in Dehri (Nagar) P.S. Case No.728 of 2017 instituted for the offence under Sections 30 (a), 38 (i) (ii), 41 (i) (ii) of Bihar Prohibition and Excise Act 2016, Allegation against the petitioner is that Officer Incharge, Economic Offence Department, Bihar,Patna, on 18.09.2017 received a secret information that the petitioner along with his brother-in-law Kailu Yadav was dealing in illicit foreign liquor and country made liquor bringing from Haryana Jharkhand in his shop situated at Dehri Station Road upon which the informant
Patna High Court Cr.Misc. No.1796 of 2018 (3) dt.07-02-2018 2/3 along with some police personnel reached near the shop in order to raid and on seeing the raiding party two persons, one sitting on the motor cycle and another standing in front of the shop started fleeing away. Munna Kumar was caught after chase and police party recovered 336 bottles each containing 180 ml. of Royal Stag Whisky, 48 bottles each containing 375 ml. of Royal Stag, 171 bottles each containing 180 ml. of Dolphin Delux Whisky, 583 pouches each containing 200 ml. of country made liquor, 177 bottles each containing 750 ml. of foreign liquor, 23 bottles each containing 375 ml. of foreign liquor and 4444 pouches each containing 200 ml. of country made liquor from the shop. Submission of the counsel for the petitioner is that he has been falsely implicated in this case. According to the F.I.R. he was caught after chase by the police and not from the place of search and seizure in the shop.
Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II-cum-Special Judge, Excise, Rohtas at Sasaram, in Dehri(Nagar) P.S.Case
Patna High Court Cr.Misc. No.1796 of 2018 (3) dt.07-02-2018 3/3 No.728 of 2017.
(S. Kumar, J) AnilKrSinha/- U