Munna Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15953 of 2019 Arising Out of PS. Case No.-588 Year-2018 Thana- TURKAULIYA District- East Champaran ====================================================== Munna Rai, Aged about 26 years, Male, Son of Anarjit Rai, Resident of Village Gudra, P.S. Majhauliya, District West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-03-2019 Heard both sides.

Petitioner apprehends his arrest in Turkauliya P.S. Case No.588 of 2018, registered under Sections 272, 273 and 34 of the Indian Penal Code as well as under Section 30(a) of the Bihar Prohibition and Excise Act.

The A.S.I. of Turkauliya police station got information that Narad Rai, Niraj Kumar Rai, Ranjan Kumar Rai and Munna Rai workers of the orchestra of Lalu had brought spirit and kept the same behind the house of Narad Rai for preparing country made liquor. On such, raid was conducted and from behind the house of Narad Rai, 200 litres of spirit was recovered. Learned counsel for the petitioner submits that nobody has seen the petitioner carrying any spirit. The name of the petitioner is disclosed by the informer of the police and save and

Patna High Court CR. MISC. No.15953 of 2019(2) dt.14-03-2019 2/2 except this fact, there is no material to show the involvement of the petitioner in the aforesaid case. Petitioner has got no criminal antecedent and nothing has been recovered from the conscious possession of the petitioner.

Taking into consideration the facts that spirit was recovered from behind the house of Narad Rai and save and except disclosure made by the informer of the police, there is no tangible material against the petitioner to show that the petitioner brought the spirit and kept behind the house of Narad Rai, 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 7th Additional Sessions Judge-cum-Special Judge, Excise, Motihari, East Champaran in connection with Turkauliya P.S. Case No.588 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C. (Prabhat Kumar Jha, J) S.KUMAR/- U T