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Patna High CourtCR. MISC./20167/2019bail granted

Raju Kumar v. The State Of Bihar

2019-04-02Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20167 of 2019 Arising Out of PS. Case No.-41 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== RAJU KUMAR S/o Shiv Nath Bhagat R/o village- Arar, Ward No. 28, P.S.- Nagar (Gopalganj), District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Naresh Prasad For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-04-2019 Heard both sides.

The petitioner apprehends his arrest in Excise case No. 41 of 2019 registered under Section 30(a) of the Bihar Prohibition & Excise Act.

The prosecution report discloses that Excise Sub Inspector got secret information about selling of illegal liquor and on such raid was conducted and 15 liters of country made liquor and foreign liquor was recovered from a bush but the excise officials without any basis named the petitioner and alleged that petitioner was selling illegal liquor on the bank of pond. The petitioner has got no criminal antecedent. Taking into consideration the facts aforesaid and the fact that save and except disclosure made by excise official

Patna High Court CR. MISC. No.20167 of 2019(2) dt.02-04-2019 2/2 there is no material against the petitioner and nothing has been recovered from the house or from the actual possession of the petitioner, the petitioner, above named, in the event of his arrest/ surrender before the 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 his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Gopalganj in connection with Excise case No. 41 of 2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T