Nand Lal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31817 of 2018 Arising Out of PS. Case No.-23 Year-2018 Thana- PAUTHU District- Aurangabad ====================================================== Nand Lal Kumar, son of Janeshwar Paswan, resident of village- Shahpur, P.S.- Pauthu, District- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sucheta Yadav For the Opposite Party/s :

Mr. Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 21-05-2018 Heard learned counsels for the petitioner and the State. The petitioner apprehends his arrest in connection with Pauthu P. S. Case No. 23 of 2018 instituted under Sections 30(a) and 38 of the Bihar Prohibition and Excise Act, 2016. It is submitted that there is no recovery of any country made liquor from the possession of the petitioner as the FIR itself reveals that miscreants escaped away and on secret information petitioner's name transpired, however, petitioner has no criminal antecedent and facts alleged do not make out prima facie case against petitioner under excise Act. Having considered the aforesaid facts and circumstances, let the petitioner, namely, Nand Lal Kumar, in the event of arrest or surrender before the court below within four weeks from today, be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount

Patna High Court Cr.Misc. No.31817 of 2018(2) dt.21-05-2018 2/2 each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Pauthu P.S.Case No. 23 of 2018; subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Arun Kumar, J) sujit/- U T