Mirtunjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16359 of 2019 Arising Out of PS. Case No.-49 Year-2019 Thana- HILSA District- Nalanda ====================================================== Mirtunjay Kumar, Son of Late Rajendra Prasad, Resident of Village- Jahnpur, P.S.- Dhanrua, District- Patna, at Present New Bus Stand Mai Hilsa, P.S.- Hilsa, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Ajay Kumar-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Hilsa P.S. Case no. 49 of 2019, registered under Section 30(A) and 37(C) of the Bihar Prohibition and Excise Act, 2016. The accusation is that in course of patrolling duty 2-3 persons were seen fleeing on seeing the Police near Railway crossing. On chase, three persons were apprehended and smell of liquor was coming from their mouth. The apprehended persons disclosed their names as Shambhu Kumar, Niraj Kumar and Kanti Kumar and they also disclosed that they have consumed the liquor supplied by the petitioner. Thereafter, informant reached at the house of petitioner and on search, 7 bottles, each containing 750 ML India made foreign

Patna High Court CR. MISC. No.16359 of 2019(3) dt.12-07-2019 2/2 liquor recovered from the bushes behind the house of the petitioner.

Learned counsel for the petitioner submits that petitioner was not apprehended on the spot, rather, it is alleged that the alleged liquor was recovered in the bushes situated behind the house of the petitioner. Further submission is that petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his 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 Addl. Sessions Judge-IIIcum-Special Judge, Biharsharif, Nalanda in connection with Hilsa P.S. Case No. 49 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T