Navin Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13284 of 2019 Arising Out of PS. Case No.-47 Year-2017 Thana- KATRA District- Muzaffarpur ====================================================== NAVIN THAKUR, aged about 70 years(Male), Son of Late Harikant Thakur @ Dandi Baba Resident of Village- Jajuar, P.S.- Katra, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-03-2019 Heard both sides.

The petitioner apprehends his arrest in Katra P.S. Case No.47 of 2017 registered under Sections 271, 272 of the Indian Penal Code and under Sections 30(a), 36 and 38 of Bihar Prohibition and Excise Act.

The informant alleged that he got information that Navin Thakur, the former Mukhiya was dealing in illicit liquor and had kept the liquor in his laboratory. On such a raid was conducted and from the abandoned laboratory, which was without any doors, about 12 liters Indian made foreign liquor of Royal Stag Deluxe Whiskey was recovered.

The learned counsel for the petitioner submits that from perusal of the F.I.R. itself, it would appear that the laboratory is situated at the back side of the house of the

Patna High Court CR. MISC. No.13284 of 2019(2) dt.05-03-2019 2/2 petitioner and the same is abandoned. There is no door. The police after investigation submitted final form finding the accusation against the petitioner false but the learned court below took cognizance.

Taking into consideration the facts that police after investigation found the case false against the petitioner and the liquor is said to have been recovered from the abandoned laboratory situated behind the house of the petitioner, 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 Special Judge, Excise, Muzaffarpur in connection with Katra P.S. Case No.47 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Saurabh/- U T