Jitu Kumar @ Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25855 of 2020 Arising Out of PS. Case No.-87 Year-2020 Thana- DEHRI TOWN District- Rohtas ====================================================== 1.

Jitu Kumar @ Arvind Kumar, Male, aged about 25 years, S/o Jagdish Singh, Resident of Mohalla Paschami Mohan Bigha, P.S. Dehri (T), District Rohtas. 2.

Rahul Kumar @ Sachin Kumar, Male, aged about 22 years, S/o Kanhaiya Prasad, Resident of Mohalla Paschami Mohan Bigha, P.S. Dehri (T), District Rohtas.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surendra Kumar Mishra, Advocate For the Opposite Party/s :

Mr. B.M.P. Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-10-2020 Heard learned counsel for the petitioners and Mr. Bal Mukund Prasad Sinha, learned Additional P.P. through video conferencing.

The petitioners seek bail in Dehri (T) P.S. Case No.87 of 2020, registered under Section 30(a) of the Bihar Prohibition and Excise Act.

The informant got secret information that a consignment of liquor was kept in the house situated near a school in village Paschim Mohan Bigha and on such raid was conducted in presence of two witnesses. Jitu Kumar @ Arvind Kumar and Rahul Kumar @ Sachin Kumar, both the petitioners, were apprehended inside the house. 148 litres of different

Patna High Court CR. MISC. No.25855 of 2020(2) dt.13-10-2020 2/2 brands of foreign liquor was recovered.

Learned counsel for the petitioners submits that the petitioners had no knowledge about keeping of liquor in the house of Neeraj Yadav. The house from where liquor was recovered is owned by Neeraj Yadav. The petitioners have no manner of concern with the recovered liquor. Both the petitioners were apprehended from inside the house, but the petitioners are in jail since 05.02.2020. The petitioners have remained in jail for about eight months for recovery of 148 litres of foreign liquor.

Having regard to the fact that for recovery of 148 litres of foreign liquor, the petitioners have remained in jail for about eight months, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 2nd Additional District & Sessions Judge-cum-Special Judge, Excise, Rohtas, Sasaram in connection with Dehri (T) P.S. Case No.87 of 2020. (Prabhat Kumar Jha, J) S.KUMAR/- U T