Shree Ram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17826 of 2020 Arising Out of PS. Case No.-12 Year-2020 Thana- KASHICHAK District- Nawada ====================================================== Shree Ram Kumar Son of Late Rabindra Singh Resident of Village - Maharath, P.s.- Kashichak (Shahpur O.P), Distt.- Nawadah. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr.Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-06-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner apprehends his arrest in Kashichak P.S. Case No. 12 of 2020, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

147.375 litres of foreign liquor is said to have been recovered from Dalan and cow-shed of co-accused Hare Ram Singh. It is alleged that petitioner is one of the four persons, who fled away from the place of recovery, after seeing the police party. It is submitted that petitioner has falsely been

Patna High Court CR. MISC. No.17826 of 2020(2) dt.11-06-2020 2/2 implicated in this case. Name of this petitioner has come in this case on the basis of confessional statement of co-accused. Nothing has been recovered from conscious possession of this petitioner. The provision of section 100 Cr.P.C has not been followed. Petitioner has got clean antecedent. Considering the facts aforesaid, the petitioner abovenamed in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to 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 2nd Additional Sessions Judge-cum-Special Judge, Nawada in connection with Kashichak P.S. Case No. 12 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T