Rakesh @ Dhanna Seth v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16917 of 2019 Arising Out of PS. Case No.-599 Year-2018 Thana- SAKRA District- Muzaffarpur ====================================================== Rakesh @ Dhanna Seth, aged about 35 years, Male, Son of Mishrilal Mahto, Resident of Village Lautan, P.S. Sakra, District Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-03-2019 Heard both sides.

Petitioner apprehends his arrest in Sakra P.S. Case No.599 of 2018, registered under Sections 272 and 273 of the Indian Penal Code as well as under Sections 30(a), 35(a), 48 and 41 of the Bihar Prohibition and Excise Act, 2016. The informant alleged that while he and other police officials were on patrolling duty, he got secret information that the petitioner had illegally kept foreign liquor in a drain near government land situated near the bamboo bush. It is further alleged that seeing the police, some of the accused persons fled away and on raid, 420 litres of foreign liquor was recovered. Learned counsel for the petitioner submits that the recovery was made from a lonely place. The informant made allegation that the petitioner is indulged in illicit liquor trade but

Patna High Court CR. MISC. No.16917 of 2019(2) dt.25-03-2019 2/2 the informant did not disclose the source of such information and petitioner has got no criminal antecedent. Taking into consideration the facts aforesaid and the fact that the recovery was made from a drain situated near bamboo bush and government land, 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 Special Judge, Excise Act, Muzaffarpur in connection with Sakra P.S. Case No.599 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Prabhat Kumar Jha, J) S.KUMAR/- U T