Birju Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22250 of 2019 Arising Out of PS. Case No.-304 Year-2018 Thana- BUXAR District- Buxar ====================================================== Birju Ram S/o Ramesh Ram, Resident of Khallasi Mohalla, P.S.- Buxar (Town), District- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-04-2019 Heard both sides.

The petitioner apprehends his arrest in Buxar (Town) P.S. Case No.304 of 2018 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

The police intercepted one ambassador car and recovered 974 bottles of Bombay Special Whisky. Dinesh Kumar, the driver of the said car, disclosed that the petitioner had asked him to bring whisky from U.P.

Learned counsel for the petitioner submits that nothing has been recovered from possession of the petitioner and there is no chit of paper to show that the petitioner ever got whisky in U.P. and asked the driver of the said car to carry the same.

Having considered the facts that nothing has been

Patna High Court CR. MISC. No.22250 of 2019(2) dt.11-04-2019 2/2 recovered from possession of the petitioner and the driver of the car, who was carrying liquor, disclosed the name of petitioner, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four 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 learned A.D.J. -II-cumSpecial Judge (Excise Act), Buxar in connection with Buxar (T) P.S. Case No.304 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Harish/- U T