Chandan Kumar @ Chandan @ Bhulla @ Vulla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13055 of 2019 Arising Out of PS. Case No.-356 Year-2018 Thana- TEGHRHA District- Begusarai ====================================================== CHANDAN KUMAR @ CHANDAN @ BHULLA @ VULLA, aged about 38 years, Male, Son of Sundeshwari Singh @ Sundeshwari Rai Resident of Village - Bariyarpur ward No. - 3, Barauni - 3 , P.S.- Teghra, District - Begusarai.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jai Prakash Singh For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-03-2019 Heard both sides.

The petitioner apprehends his arrest in Teghra P.S. Case No.356 of 2018 registered under Sections 30(A)(B) of Bihar Prohibition and Excise Act.

The S.H.O. of Teghra P.S. got information about unloading of Indian made foreign liquor from a truck in the house of Sanjeev Raman @ Sanjeev Kumar Singh @ Lal Babu and on such raid was conducted. Huge quantity of Royal Stage Whiskey was recovered from the house as well as truck No.RJ20GA-9837 and arrested two drivers namely Birma Ram and Mangal Chand along with Sangeeta Kumari and Rohit Kumar, son of Sanjeev Kumar Singh.

The learned counsel for the petitioner submits that the informant named 14 persons in the F.I.R. but petitioner is not named in the F.I.R. During the course of investigation, the name of the petitioner transpired in the case on mere suspicion of the police that the petitioner was also involved in transportation of

Patna High Court CR. MISC. No.13055 of 2019(2) dt.05-03-2019 2/2 the illegal liquor and sale of the same from the house of Sanjeev Kumar Singh but the police did not disclose source of such information. Petitioner has got no criminal antecedent. Taking into consideration the fact that the petitioner is not named in the F.I.R.

and nothing has been recovered from the possession of the petitioner and the fact that the name of the petitioner surfaced in the case on mere suspicion or the so called secret information received by the informant a police official that the petitioner is also involved in transportation and trade of illicit liquor, let the 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 the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge II-cum-Special Judge, Excise Act, Begusarai in connection with Teghra P.S. Case No.356 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T