Banwari Gond v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15126 of 2019 Arising Out of PS. Case No.-257 Year-2018 Thana- CHAINPUR District- Kaimur (Bhabua) * ====================================================== BANWARI GOND Son of Awadhesh Gond Resident of Village - Karji, P.S.- Chainpur, Distt.- Kaimur(Bhabua).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar Seth For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-03-2019 Heard both sides.

The petitioner apprehends his arrest in Chainpur P.S. Case No.257 of 2018 registered under Section 30(a) of Bihar Prohibition and Excise Act.

The police, on information that the petitioner was selling liquor in an orchard, raided the place and recovered 80 pieces each containing 200 ml. liquor.

The learned counsel for the petitioner submits that the petitioner was not arrested on the spot and the name of the petitioner is said to have been disclosed by the informer of the police. Save and except the evidence of informer, there is no material to show that petitioner is selling any liquor. Petitioner has got no criminal antecedent. The recovery was made from an orchard situated in a lonely place.

Patna High Court CR. MISC. No.15126 of 2019(2) dt.12-03-2019 2/2 Considering the aforesaid facts, 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, Kaimur at Bhabua in connection with Chainpur P.S. Case No.257 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