Raja Ram Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15579 of 2019 Arising Out of PS. Case No.-31 Year-2018 Thana- SAKSOHRA District- Patna ====================================================== 1.

Raja Ram Kumar, Son of Sri Bablu Prasad Resident of Village - Gopaichak, P.S.- Saksohra, District - Patna 2.

Rakesh Kumar @ Chhedi Son of Sri Harshbardhan Prasad Resident of Village - Gopaichak, P.S.- Saksohra, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Kashyap For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-07-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Special Case No. 7782 of 2018, arising out of Saksohra P.S. Case No. 31 of 2018, registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The accusation is that on receiving the secret information about keeping of illicit liquor in the semi constructed house of Jainandan in village-Gochaichak, when informant and other Police personnel reached near the semi constructed house of Jainandan then petitioners fled away from there. On search of semi constructed house of Jainandan, 522

Patna High Court CR. MISC. No.15579 of 2019(6) dt.11-07-2019 2/2 pouches, each containing 200 ML country made liquor kept in four gunny bags were recovered.

Learned counsel for the petitioners submits that, in fact, the petitioner was not apprehended at the semi constructed house of Jainandan from where the alleged liquor is said to be recovered. Further submission is that the name of the petitioner has been disclosed by the villagers, who have inimical term with the petitioners. The petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise Patna in connection with Special Case No. 7782 of 2018, arising out of Saksohra P.S. Case No. 31 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T