Randhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25956 of 2015 Arising Out of PS.Case No. -369 Year- 2014 Thana -GOVERNMENT OFFICIAL COMP. DistrictNAWADA ======================================================

1. Randhir Kumar, Son of Lalo Mahto, Resident of Village- Paijna, P.S.- Akbarpur District- Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s : Mr. Raj Kishore Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-07-2015 The petitioner is apprehending his arrest in connection with G.O. Case No. 369 of 2014 for the offence under Section 47(a) and (f) of the Excise Act. Heard learned counsel for the petitioner and the State.

The prosecution story, in brief, is that on secret information the informant went along with other police personal and raid the room of the petitioner and found 90 liters illicit liquor and 400 Kg. Jawa Mahua, thereafter prepared the seizure list.

It is submitted on behalf of the petitioner that certain country made liquor is said to have been recovered from the abandoned house. It is further submitted that the name of the petitioner has figured in the present case merely on the basis of some secret information that the said premises

Patna High Court Cr.Misc. No.25956 of 2015 (2) dt.16-07-2015 belonging to the petitioner. Except for that, there is no substantive evidence to show that the premises from where the country made wine are said to have been recovered is belonging to the petitioner. It is submitted that the petitioner has no criminal antecedent.

On behalf of the State, it has been submitted that the petitioner is named in the First Information Report. Considering the aforesaid facts, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with G.O. Case No. 369 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Sudhir Singh, J) P.K./- U T